In Tex Dev. Co., LLC v. Greenwich Ins. Co ., because Greenwich Insurance Company failed to provide a written disclaimer of coverage, Tex Development argued the insurer was obligated to defend and indemnify an underlying wrongful death case. (Abdelaaziz Badaoui was killed while engaged in construction work on Tex's property.)
Even though Tex contacted its insurance broker, Greenwich wasn't immediately advised of the accident and coverage was later disclaimed because timely notice hadn't been given.
Tex then filed suit seeking a court to declare the parties' rights. When the Queens County Supreme Court denied its dismissal request, the company appealed to the Appellate Division, Second Department.
Since Greenwich couldn't offer an excuse for failing to provide Tex with a written disclaimer as required by state law, the insurance company was found to be legally obligated to defend and indemnify Tex in the wrongful death action.
Tex lassoed that one real good.
To download a copy of the Appellate Division's decision, please use this link: Tex Dev. Co., LLC v. Greenwich Ins. Co