You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Fine Line Builders & Remodelers, Inc. v. Atlantic Casualty Insurance

Citations: 90 A.D.3d 702; 934 N.Y.2d 320

Court: Appellate Division of the Supreme Court of the State of New York; December 12, 2011; New York; State Appellate Court

EnglishEspañolSimplified EnglishEspañol Fácil
Atlantic Casualty Insurance Company established its right to judgment as a matter of law by demonstrating a valid disclaimer of coverage due to the plaintiff's late notice of the underlying accident, supported by several case precedents. The plaintiff failed to present a triable issue of fact in opposition. The assertion of a reasonable, good faith belief in nonliability was undermined by the plaintiff's lack of inquiry into the accident’s circumstances. As a result, the Supreme Court correctly granted Atlantic's cross motion for summary judgment and denied the plaintiff's motion for summary judgment. Judges Angiolillo, Hall, Austin, and Miller concurred with the decision.