Tower Ins. Co. of N.Y. v. Jaison John Realty Corp – Case Brief Summary (New York)

In Tower Ins. Co. of N.Y. v. Jaison John Realty Corp., 60 A.D.3d 418, 419, 874 N.Y.S.2d 91 [1st Dept 2009]), the insured, the owner-manager of an apartment complex, received a telephone call from the police that one of his tenants had fallen down the stairs of the complex (id.).

The insured had, that same day, observed, that a section of the handrail was missing from the place in the stairs where the tenant had fallen (id.).

Under these circumstances, it was unreasonable for the insured to believe that there was no likelihood of the tenant making a claim and to wait five months before notifying the insurer (id.).