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

Summary

The Court held that the insurer’s unreasonable delay in processing the plaintiff’s claim waived the policy’s prohibition on settlement without the insurer’s written consent, creating a triable issue of fact and requiring denial of the summary‑judgment motion. Accordingly, the appellate division’s grant of summary judgment was reversed and the case remanded for further proceedings. Justice Breitel, dissenting, argued that the plaintiff failed to prove it gave adequate notice and therefore would have affirmed summary judgment.