New York Court of Appeals

Blitman Construction Corp. v. Insurance Company of North America

November 14, 198566 N.Y.2d 820

Summary

The New York Court of Appeals reversed the Appellate Division, granted the insurer’s motion for summary judgment, and answered the certified question negatively. It held that the policy’s 12‑month limitation period is enforceable, that the nonwaiver agreement does not waive that limitation, and that the carrier’s conduct does not give rise to waiver or estoppel.