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Lewis Johs Avallone Aviles, LLP (New York, NY) is pleased to announce that Elizabeth A. Fitzpatrick received a favorable decision from the Appellate Division, Second Department, in an action involving a claim by the County of Orange. The County argued that it was entitled to insurance coverage as an additional insured under a policy issued by Lewis Johs’ client, Continental Casualty. Lewis Johs prevailed on behalf of its client, obtaining an affirmance of the trial court's decision. The court granted Lewis Johs’ motion for summary judgment finding that Continental had no obligation to defend or indemnify the County of Orange based upon the County's untimely notice of the loss. The court rejected the County's excuse for the untimely notice, to wit, a good faith belief of non-liability.

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