1250 Broadway, 27th Floor New York, NY 10001

HE WHO WOULD CLIMB THE LADDER ...

ladder_photo_nyreblog_com_.JPGLong after a worker fell off a ladder and was hospitalized, the Board of Managers of the 1235 Park Condominium sent a notice of claim to its insurance carrier, Clermont Specialty Managers.

After coverage was disclaimed, because the Condo hadn't given timely notification, a lawsuit was filed and the New York County Supreme Court ended up siding with the insurer.

While the Condo conceded its notice was a bit late, its excuse was that there was a reasonable belief a claim wouldn't be filed. (The Board supposedly contacted the worker's employer, was told the guy hadn't sustained "serious injuries," and, that he was expected to report to work the following day.)

On appeal, the Appellate Division, First Department, thought it wasn't reasonable for the Condo to believe that there wouldn't be a claim based solely on that phone call.

In other words, they should've taken steps to avoid that fall.

exercise_steps_gif_nyreblog_com_.GIFTo view a copy of the Appellate Division's decision, please use this link: Board of Mgrs. Of the 1235 Park Condominium v. Clermont Specialty Mgrs. Ltd.

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