context: It was an investigation that GuideOne was entitled to conduct but was also one that GuideOne has not even attempted to show netted a single additional detail relating to the congregation's lease of Adas Terrace to Deli Plus. GuideOne's investigation into the Heschel incident cannot excuse its failure to promptly act after learning the essential details of the Deli Plus lease arrangement, and which were completely unrelated to Heschel's on-premises injury and subsequent death.
citation_a.signal: see
citation_a.identifier: 291 A.D.2d 484, 485
citation_a.parenthetical: insurer's attempt to justify its delay on the ground that it had to investigate the incident further is "an insufficient excuse as a matter of law, as that investigation was unrelated to the reason for the disclaimer based on late notice and could have been asserted at any time"
citation_a.sentence: See McGinnis v. Mandracchia, 291 A.D.2d 484, 485, 739 N.Y.S.2d 160, 162 (2d Dep’t 2002) (insurer’s attempt to justify its delay on the ground that it had to investigate the incident further is “an insufficient excuse as a matter of law, as that investigation was unrelated to the reason for the disclaimer based on late notice and could have been asserted at any time”); see also City of N.Y. v. Northern Ins. Co. of N.Y., 284 A.D.2d 291, 292, 725 NY.S.2d 374, 375 (2d Dep’t 2001) (noting that an insurer’s defense that it required additional time to investigate was “insufficient excuse as a matter of law, as such an investigation was unrelated to the reason for the disclaimer and could have been asserted at any time”).
citation_b.signal: see also
citation_b.identifier: 284 A.D.2d 291, 292
citation_b.parenthetical: noting that an insurer's defense that it required additional time to investigate was "insufficient excuse as a matter of law, as such an investigation was unrelated to the reason for the disclaimer and could have been asserted at any time"
citation_b.sentence: See McGinnis v. Mandracchia, 291 A.D.2d 484, 485, 739 N.Y.S.2d 160, 162 (2d Dep’t 2002) (insurer’s attempt to justify its delay on the ground that it had to investigate the incident further is “an insufficient excuse as a matter of law, as that investigation was unrelated to the reason for the disclaimer based on late notice and could have been asserted at any time”); see also City of N.Y. v. Northern Ins. Co. of N.Y., 284 A.D.2d 291, 292, 725 NY.S.2d 374, 375 (2d Dep’t 2001) (noting that an insurer’s defense that it required additional time to investigate was “insufficient excuse as a matter of law, as such an investigation was unrelated to the reason for the disclaimer and could have been asserted at any time”).