In St. Nicholas Cathedral of Russian Orthodox Church in North America v. Travelers Property Cas. Ins. Co., 45 AD3d 411, 846 N.Y.S.2d 113 [1st Dept 2007], the evidence established that the insured was "immediately aware of the accident, which occurred in front of its property. . . and that it was aware that a person was injured and was removed from the scene in an ambulance" (id., 45 AD3d at 412).
There, the insured failed to notify the insurer until it received notice that a personal injury action was commenced against it.
The First Department held that the insured's notice to the insurer was not "as soon as practicable" as required under the subject policy and, accordingly, the insurer was not obligated to defend and indemnify the insured in connection with the personal injury action (id.).