10/27/2009
Insurer Cannot Necessarily Deny Coverage if Attorney Ignores Malpractice Claim
McCabe v. St. Paul Fire and Marine Ins. Co., 884 N.Y.S.2d 634 (2009)
Brief Summary
Attorney failed to notify insurer of malpractice claim and failed to respond to plaintiff’s repeated attempts to obtain insurer information until after the policy notification period had lapsed. The insurer tried to deny coverage based on late notice, but plaintiff had a statutory right to give notice after policy period had lapsed because she diligently sought insurer information and expeditiously gave notice upon receiving such information.
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