# AMERICAN TRANSIT INSURANCE COMPANY v. Brown

> New York Court of Appeals · April 1, 2010 · 14 N.Y.3d 809

URL: https://www.frixlaw.com/law-library/cases/2484179

## Case

- **Full name:** American Transit Insurance Company, Appellant, v. Arthur Brown, Respondent, Et Al., Defendant
- **Court:** New York Court of Appeals
- **Decided:** April 1, 2010
- **Citations:** 14 N.Y.3d 809; 899 N.Y.S.2d 751; 926 N.E.2d 255
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2484179

## Opinion text

OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals
(22
NYCRR 500.11), order reversed, with costs, defendant Brown’s motion for summary judgment denied, plaintiffs motion for summary judgment granted and judgment granted declaring that plaintiff’s disclaimer of coverage was proper, that it had no obligation to defend or indemnify its insured in the subject underlying action and that it is not responsible for payment of any portion of the judgment rendered therein. Defendant Brown failed to provide a valid excuse for his failure to use reasonable diligence in providing plaintiff insurer with notice of the underlying personal injury action.
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2484179. Public record. Not legal advice.