New York Court of Appeals

Great Canal Realty Corp. v. Seneca Insurance Company, Inc.

June 16, 20055 N.Y.3d 742

Summary

The New York Court of Appeals reversed the Appellate Division, granting summary judgment for Seneca Insurance and holding that the insurer is not required to defend or indemnify Great Canal Realty because the insured failed to give notice of the occurrence within a reasonable period, and the insurer need not demonstrate prejudice. The court also affirmed that the insured bears the burden of showing any good‑faith belief excusing delayed notice must be reasonable.