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South W. Mar. & Gen. Ins. Co. v. Falls Lake Natl. Ins. Co.
Citation: 2022 NY Slip Op 07527Docket: Index No. 150713/21 Appeal No. 17016 Case No. 2022-00212
Court: Appellate Division of the Supreme Court of the State of New York; December 28, 2022; New York; State Appellate Court
Original Court Document: View Document
South West Marine and General Insurance Company and others (Plaintiffs-Appellants) filed an appeal against Falls Lake National Insurance Company (Defendant-Respondent) regarding a Supreme Court decision from December 30, 2021. The Appellate Division, First Department, upheld the lower court's ruling, affirming that Falls Lake had no duty to defend or indemnify the plaintiffs in an underlying personal injury case. The court found that the insurance policy specifically excluded coverage for bodily injury claims made by any employee of an insured party, applying this exclusion to claims against Teller Owner, LLC. The court noted that the plaintiffs failed to demonstrate reasonable diligence in tendering their claim to the defendant, as they sent it to an incorrect address, resulting in non-receipt by the defendant. Consequently, the declaratory action initiated by Teller was deemed the initial tender, allowing Falls Lake to timely disclaim coverage based on the employee exclusion. The plaintiffs' additional arguments were considered and found to be without merit. The decision was finalized on December 29, 2022, with costs awarded to the respondent.