In February 2008, Mr. Henaghan and his wife sued Mr. Algie.

On or about March 13, 2008, Ms. Freeman-Garcia's insurer, State Farm Fire and Casualty Company, received a copy of the summons and complaint filed in the action against Mr. Algie.

State Farm disclaimed coverage, asserting that notice of the occurrence was untimely.

After a nonjury trial, Mr. Henaghan and his wife were awarded $715,000. They demanded payment from State Farm, which rejected the demand.

Thereafter, they sued State Farm, which moved for summary judgment.

The trial court granted summary judgment in favor of State Farm, and Mr. Hehaghan and his wife appealed.

The Appellate Court's Decision

The appellate court affirmed.

In its decision, the appellate court explained that where, as in this case, an insurance policy required that notice of an occurrence or loss be given "as soon as practicable," notice constituted a condition precedent to coverage, and notice had to be provided within a reasonable time in view of all of the circumstances.

Here, the appellate court continued, State Farm established its prima facie entitlement to judgment as a matter of law declaring that it was not obligated to pay the judgment in the action against Mr. Algie by demonstrating that it had not received notice of the occurrence giving rise to the suit against Mr. Algie until approximately six months after the occurrence.

The appellate court found that Mr. Henaghan and his wife failed to raise a triable issue of fact, including as to whether they had made a reasonably diligent effort to ascertain the identity of Ms. Freeman-Garcia's insurer.

Accordingly, the appellate court concluded, it agreed with the trial court's determination granting State Farm's motion.

The case is Henaghan v. State Farm Fire and Casualty Co., No. 2016-10108 (N.Y. App. Div. 2d Dep't Sep. 11, 2019). Attorneys involved include: Joseph C. Stroble, Sayville, NY, for appellants. Gerber Ciano Kelly Brady LLP, Buffalo, NY (Brian R. Biggie of counsel), for respondent.