The Firm Wins Summary Judgment on behalf of Tower Ins. Co. of N.Y.

We recently secured summary judgment on behalf of Tower Insurance Company of New York ("Tower") in an insurance coverage action involving an insured who failed to provide Tower with timely notice of an accident and claim. 

The court held that the insured's 5 month delay in providing notice to Tower violated the policy's notice conditions, since it was undisputed that the insured's property manager and superintendent were aware of the accident and that the insured was taken from the insured's property via ambulance on the very day the accident occured.

In its decision, the court rejected the insured's argument, that Tower's motion should be denied because it was predicated solely upon unsworn, redacted statements by two of the insured's employees, which were written by Tower’s investigator and that insured possessed a good faith belief of non-liability, thus excusing its late notice.  The court also found that the claimant's notice to Tower was untimely.

In granting Tower's motion, the court held that Tower no longer has any duty to defend and indemnify its insured in connection with the underlying bodily injury action involving very significant bodily injuries.