MCWG Successfully Appeals Order Denying Summary Judgment
In Tower Ins. Co. of New York v. Miles, et al., the Appellate Division, First Department unanimously reversed the Supreme Court, New York County's order that denied Tower's motion for summary judgment. The Appellate Division declared that Tower has no duty to defend or indemnify its insured in an underlying personal injury action, which involves an assault and battery at the insured's bar. The claimant sustained significant injuries, including partial loss of vision.
In its decision, the First Department held that the insured's five-month delay in providing notice to Tower violated the Tower policy's notice conditions, since it was undisputed that the insured was aware of the incident at least one week after it occurred. Furthermore, the Court held that the insured's failure to investigate the circumstances of the incident rendered its delay unreasonable as a matter of law, and the fact that none of the insured's employees were involved in the incident did not constitute a reasonable belief in non-liability.