Questions of Fact on Insured's Late Notice Preclude Summary Judgment to Insured and Its Broker

CGL – LATE NOTICE – NOTICE TO BROKER
International Contrs. Corp. v. Illinois Union Ins. Co.
(3rd Dept., decided 12/16/2010)

When the record is replete with conflicting testimony and documents regarding when, and to what extent, the insured informed its insurance broker of a carbon monoxide poisoning occurrence prior to commencement of the wrongful death actions against it, neither the insured nor broker is entitled to summary judgment.  So held both the Supreme Court and Appellate Division in this case.