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1
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OPINION
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EXTRACTED KEY WORDS
APPELLANT MEMORANDUM RESPONDENTS COSTS FACTS JUDGE APPELLATE DIVISION INSURED ACTING FAITH LIABILITY MERCHANTS MUT HOFFMAN NY2D PAY MEDICAL EXPENSES INTENTION SUE AFFIRMED FINDING SUIT NOTWITHSTANDING BEGUN REVIEW SUBMISSIONS PURSUANT CHIEF JUDGE KAYE JUDGES SIMONS TITONE BELLACOSA SMITH LEVINE CIPARICK CONCUR |
ARTHUR D'ALOIA ET AL., RESPONDENTS, v. TRAVELERS INSURANCE CO., APPELLANT, ET
AL., DEFENDANT.
85 N.Y.2d 825, 647 N.E.2d 1345, 623 N.Y.S.2d 837 (1995).
February 9, 1995
2 No. 119 SSM 1 (1995 NY Int. 019)
Decided February 9, 1995
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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Jonathan T. Uejio, for Appellant.
Submitted by Stacey E. Charkey, for Respondents.
MEMORANDUM:
The order of the Appellate Division should be affirmed, with costs.
When the facts of an occurrence are such that an insured acting in
good faith would not reasonably believe that liability will result,
notice of the occurrence is given "as soon as possible" if given
promptly after the insured receives notice that a claim will in fact
be made (see, Merchants Mut. Ins. Co. v Hoffman, 56 NY2d 799). The
record before us, which indicates that the injured party's parents
declined the insureds' offer to pay medical expenses and indicated no
intention to sue, supports the affirmed finding below that notice
given by the insureds promptly after suit was instituted against them
was given "as soon as possible," notwithstanding that the action was
not begun until nearly three years after the occurrence.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, order
affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges
Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
SNIPPETS:
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