New York

The United States Circuit Court of Appeals for the Second Circuit in Briggs Ave. L.L.C. v. Ins. Corp.  of Hanover recently certified the following question to the New York Court of Appeals:

When an injured party begins its suit against an insured by serving process on the Secretary of State, who, under New York corporate and limited liability company law, is the insured?s agent for such service, does this service suffice to trigger the provisions in the relevant insurance policy that require the insured to inform its insurer in a timely manner that a suit has been brought, where: (a) the insurance policy does not expressly refer to notice that a suit has been brought being given to an insured?s ?representative? rather than the insured itself, and (b) the insured plausibly argues that ? due to its failure to update its address with the Secretary of State ? it had not received actual notice that the suit had been brought?

NYCL will keep you apprised as to whether the Court of Appeals accepts or declines the certified question.

Thank you to Sandy at Second Opinions for the head's up.