Fourth Department — Disclaiming Coverage: National Grange Mutual Insurance company v. Croyle Inc., et al.

Appellate Division, Fourth Department

Disclaiming Coverage

Notice

National Grange Mutual Insurance company v. Croyle Inc., et al.
CA 10-02487
Appealed from Supreme Court, Oneida County

Background: The defendant Hoffert had commenced an underlying Labor Law negligence action against the defendant seeking damages for injuries he had sustained at a construction project. The plaintiff had disclaimed coverage based upon the defendant Croyle’s policy, indicating that it did not receive proper notice from the defendant Croyle. The plaintiff had, however, received notice from the defendant Hoffert. The plaintiff commenced an action seeking a declaration that it has no obligation to defend and indemnify the defendant Croyle. The court had granted summary judgment against the plaintiff indicating that it had an obligation to defend and indemnify the defendant. The plaintiff appealed.

Ruling: The appellate division found that the court had properly granted summary judgment. The defendant Hoffert, as the injured party, exercised his independent right to provide written notice to the plaintiff and he is not bound by the alleged late notice by the defendant Croyle.

Christina F. DeJoseph of Costello, Cooney & Fearon PLLC for the plaintiff-appellant; Vincent J. Rossi of Rossi and Murnane for the defendant-respondent Croyle Inc.; Terry D. Smith of Smith, Miner, O’Shea and Smith for the defendant-respondent Jared A. Hoffert; Debra A. Adler of Wilson, Elser, Moskowitz, Edelman & Dicker LLP for the defendant-respondent Jeffrey M. Katz; Robert A. Barber of Hiscock & Barclay LLP for the defendant-respondent National Grid USA Service Company Inc.