Rule Followed by NY Federal Court for Damages Outside NY

Indian Harbor Insurance Company v. The City of San Diego 
(Case No. 12-cv-5787) (S.D.N.Y., September 25, 2013)

A New York federal court continued to honor the line of New York cases that stand for the proposition that a showing of prejudice is not required for the late notice defense on policies issued or delivered prior to January 17, 2009.

This case arose as a result of multiple underlying claims made against a California State municipality by two homeowners associations and a real estate construction company.  …

Continue Reading