New York Court of Appeals
The Argo Corporation, Appellants v. Greater New York Mutual Insurance Company, Respondent
April 5, 20054 N.Y.3d 332
Summary
The New York Court of Appeals affirmed the Appellate Division's dismissal of the declaratory judgment action, holding that the insurer was entitled to deny coverage because the insured failed to give timely notice of the lawsuit and that the insurer need not demonstrate prejudice. The court applied the established no‑prejudice rule, finding the fourteen‑month delay unreasonable as a matter of law.