U.S. Underwriters Insurance Company v. Zismopoulos et al
U.S. Underwriters Insurance Company |
Efthimios Zismopoulos, Chrisanthy Tzivas, Ralph Palma, Silvana Palma and The City of New York |
1:2007cv04684 |
November 8, 2007 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Kings |
Carol B. Amon |
Roanne L. Mann |
Insurance |
28 U.S.C. ยง 1332 Diversity-Insurance Contract |
None |
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Filing 85 MEMORANDUM AND ORDER that the Court adopts the Recommendation of July 20, 2009. This Court finds that thePalmas exercised due diligence in providing notice to U.S. Underwriters. U.S. Underwritersdemand for a declaration that it has no obligation to t he Palmas under the insurance policy atissue based upon a claim of defective notice is denied. Additionally, U.S. Underwriters demandfor a declaration upholding its disclaimer of coverage with regard to the Palmas is also denied.This court enters jud gment in favor of the Palmas and dismisses U.S. Underwriters claimsagainst them. The Clerk of the Court is directed to enter judgment in accordance with this Orderand close this case. Ordered by Judge Carol B. Amon on 3/31/10. (Forwarded for judgment.) (Vaughn, Terry) |
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