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Plaintiffs 25th Avenue, LLC and Colonial Construction and Development, LLC, appealed an order and judgment from the Supreme Court, Nassau County, which granted summary judgment to Delos Insurance Company. The Supreme Court had declared that Delos was not obligated to defend or indemnify the plaintiffs in an underlying Labor Law action, Jaramillo v Colonial Constr., LLC. The insurer had denied coverage due to late notice of the claim. The Appellate Court reversed the Supreme Court's judgment, denied the insurer's motion for summary judgment, and reinstated the plaintiffs' complaint. The court found that the plaintiffs had raised a triable issue of fact regarding their reasonable, good faith belief of nonliability, which could excuse their delay in providing notice to the insurer.
25th Avenue v. Delos Insurance is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiffs 25th Avenue, LLC and Colonial Construction and Development, LLC, appealed an order and judgment from the Supreme Court, Nassau County, which granted summary judgment to Delos Insurance Company. The Supreme Court had declared that Delos was not obligated to defend or indemnify the plaintiffs in an underlying Labor Law action, Jaramillo v Colonial Constr., LLC. The insurer had denied coverage due to late notice of the claim. The Appellate Court reversed the Supreme Court's judgment, denied the insurer's motion for summary judgment, and reinstated the plaintiffs' complaint. The court found that the plaintiffs had raised a triable issue of fact regarding their reasonable, good faith belief of nonliability, which could excuse their delay in providing notice to the insurer.
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