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Cortes v. Hartford Accident & Indemnity Co.

William Cortes v. Hartford Accident and Indemnity Company

Cortes v. Hartford Accident & Indem. Co., 14 Misc. 2d 1062 (1958)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
November 6, 1958
Citations
14 Misc. 2d 1062180 N.Y.S.2d 1021958 N.Y. Misc. LEXIS 2401

Opinion of the Court

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Per Curiam.

Notice of the accident to the insurance broker was not notice to the insurance carrier, defendant here. (See *1063 Allen v. German American Ins. Co., 123 N. Y. 6 .) The insurance policy defendant issued to Alvarez, its insured, required written notice of an accident to he given to the company as soon as practicable. Since the record fails to disclose a reasonable explanation or an adequate excuse, a delay of 58 days before written notice was given defendant is untimely and unreasonable as a matter of law, and not a fulfillment of the condition of the policy. (See Vanderbilt v. Indemnity Ins. Co., 265 App. Div. 495 .)

The judgment should be reversed, with $30 costs, and judgment directed in favor of defendant dismissing the complaint on the merits, with costs.

Concur — Hoestadter, J. P., Aurelio and Tilzer, JJ.

Judgment reversed, etc.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1963: 11966: 119632026peak 1963 · 1

Relies on it most ⓘ

  1. Curreri v. Allstate Insurance37 Misc. 2d 557 (N.Y. Sup. Ct. 1963)
  2. Warren v. Merchants Mutual Insurance27 A.D.2d 575 (1966)

Most recent

  1. Warren v. Merchants Mutual Insurance27 A.D.2d 575 (1966)
  2. Curreri v. Allstate Insurance37 Misc. 2d 557 (N.Y. Sup. Ct. 1963)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Allen v. German Am. Ins., 25 N.E. 309 (N.Y. 1890) 67
Vanderbilt v. Indem. Ins. Co. of North Am., 265 A.D. 495 (1943) 41

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