Isadore Rosen & Sons, Inc., Appellant v. Security Mutual Insurance Company of New York, Respondent

Summary

The Court of Appeals reversed the summary‑judgment order, holding that a triable issue exists as to whether the insurer received timely notice of the claim and unreasonably delayed its response, thereby waiving the policy provision prohibiting settlement by the insured without written consent. The dissent argues the plaintiff failed to prove notice and would have affirmed summary judgment.