ARTHUR D'ALOIA ET AL., RESPONDENTS, v. TRAVELERS INSURANCE CO., APPELLANT, ET AL., DEFENDANT.
85 N.Y.2d 825, 647 N.E.2d 1345, 623 N.Y.S.2d 837 (1995).
2 No. 119 SSM 1 [1995 NY Int. 019]
February 9, 1995
Decided February 9, 1995
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Jonathan T. Uejio, for Appellant.
Submitted by Stacey E. Charkey, for Respondents.
The order of the Appellate Division should be affirmed, with costs. When the facts of an occurrence are such that an insured acting in good faith would not reasonably believe that liability will result, notice of the occurrence is given "as soon as possible" if given promptly after the insured receives notice that a claim will in fact be made (see, Merchants Mut. Ins. Co. v Hoffman, 56 NY2d 799). The record before us, which indicates that the injured party's parents declined the insureds' offer to pay medical expenses and indicated no intention to sue, supports the affirmed finding below that notice given by the insureds promptly after suit was instituted against them was given "as soon as possible," notwithstanding that the action was not begun until nearly three years after the occurrence.
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On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.