Zugnoni v. Travelers Insurance — 179 A.D.2d 1033

Majority

p. 1033

Robert Zugnoni et al., Individually and as Parents and Natural Guardians of Patrick Zugnoni, an Infant, Appellants, v Travelers Insurance Companies, Respondent.

In this case, there were uncontroverted facts supporting plaintiffs’ excuse that no notice was given because they did not anticipate that a claim would be covered under the policy. The incident underlying the claim was merely an altercation between students on a school bus, and plaintiffs had an understanding with the parents of the injured boy that they would not assert a claim. Those parties treated the incident as an intentional act for which there was no coverage under the policy. Indeed, the parents of the injured student asserted a claim only against the school district, which served plaintiffs with a third-party complaint. Upon receiving that third-party complaint, plaintiffs promptly gave notice to defendant. Thus, in the circumstances, it cannot be said that plaintiffs’ failure

p. 1034

to give timely notice to defendant was unreasonable as a matter of law (see, Hartford Fire Ins. Co. v Masternak, supra; see also, Merchants Mut. Ins. Co. v Hoffman, 86 AD2d 779 , affd 56 NY2d 799 ; Clute v Harder Silo Co., 42 AD2d 818 , 819; Insurance Co. v Shore, 94 Misc 2d 451 ). (Appeal from Judgment of Supreme Court, Monroe County, Siracuse, J. — Declaratory Judgment.) Present — Denman, P. J., Pine, Balio, Law-ton and Davis, JJ.

Cases cited

Merchants Mutual Insurance v. Hoffman 86 AD2d 779 N.Y. App. Div. 1982-01-29 p. 1034
Merchants Mutual Insurance v. Hoffman 56 NY2d 799 N.Y. 1982-05-20 p. 1034
Clute v. Harder Silo Co. 42 AD2d 818 N.Y. App. Div. 1973-07-06 at 819 p. 1034
Insurance Co. of North America v. Shore 94 Misc 2d 451 N.Y. Sup. Ct. 1978-04-24 p. 1034