Opinion
June 29, 1987
Appeal from the Supreme Court, Rockland County (Edelstein, J.).
Ordered that the judgment is affirmed, with one bill of costs payable to Reliance by the appellants appearing separately and filing separate briefs.
The facts of this case were previously set forth in the prior decision of this court in Reliance Ins. Co. v Garsart Bldg. Corp. ( 122 A.D.2d 128). An insured must give notice of the accident to its insurer within the time limit provided in the insurance policy or within a reasonable time under all the circumstances (see, Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 N.Y.2d 436; Matter of Allstate Ins. Co. v Kashkin, 130 A.D.2d 744; Insurance Law § 3420). Absent a valid excuse, failure to satisfy the notice requirement vitiates coverage and the insurer need not demonstrate prejudice in order to disclaim coverage (Security Mut. Ins. Co. v Acker-Fitzsimons Corp., supra; State Farm Mut. Auto. Ins. Co. v Romero, 109 A.D.2d 786).
Here, the appellants failed to establish a valid excuse for their failure to comply with the notice requirements under the contracts of insurance. Thus, the court properly declared that Reliance and Planet were not required to defend the action.
Further, our review of the record, including the agreement between Garsart and Horace and Geraldine Hall, the plaintiffs in the underlying personal injury suit, leads us to the conclusion that the court properly found that Horace Hall was an independent contractor rather than an employee of Garsart and thus Planet was not required to defend or indemnify Garsart under the workers' compensation and employers' liability policy issued by it to Garsart (see, Matter of Morton, 284 N.Y. 167; Felice v St. Agnes Hosp., 65 A.D.2d 388; Favale v M.C.P. Inc., 125 A.D.2d 536). Mangano, J.P., Eiber, Sullivan and Harwood, JJ., concur.