New York Court of Appeals

Julius Thrasher v. United States Liability Insurance Company, Respondent Duaine Morgan, as Administratrix of the…

February 23, 196719 N.Y.2d 159

Summary

The New York Court of Appeals reversed the Appellate Division, holding that service of notice of entry of judgment on the insurer’s attorney satisfies the statutory requirement, that the insurer’s disclaimer of liability was invalid because it failed to prove the insured’s lack of cooperation, and that notice of entry is a substantive element, not a jurisdictional one.