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AM. TR. INS. CO. v. SARTOR

3 N.Y.3d 71 (2004)

814 N.E.2d 1189

781 N.Y.S.2d 630

AMERICAN TRANSIT INSURANCE COMPANY, Appellant, v. ANTHONY SARTOR, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 1, 2004.

Attorney(s) appearing for the Case

Berger & Webb, LLP, New York City (Charles S. Webb, III, and Thomas E. Hone of counsel), and Marjorie E. Bornes for appellant.

Herman & Herman, PC, New York City (Glenn A. Herman of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

The issue in this case is whether Vehicle and Traffic Law § 370 obligates the insurer of a taxicab to satisfy a default judgment entered against its insureds where the insurer was never notified, as required by the terms of its commercial liability policy, that legal proceedings had been commenced by the injured party. We conclude that the statute does not obviate the insurer...

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