Justice Eileen Bransten
Travelers Indemnity sought an order declaring that it is not liable under certain insurance policies issued by it or its predecessors to defendant Orange and Rockland Utilities (ORU). Travelers sought to disclaim coverage in connection with ORU's costs for investigation and remediation of pollution and contaminants at seven former Manufactured Gas Plans (MGP) owned or previously owned by ORU. ORU moved for summary judgment, seeking a declaration that Travelers breached its duty to defend ORU with respect to each of the MGP sites. The court, however, noted that compliance with the notice provisions of a liability insurance policy is a condition precedent to coverage. Having concluded that ORU provided late notice to Travelers, the court held that ORU did not fulfill this condition precedent, vitiating its coverage. As a result, the court determined that ORU's breach of the notice condition relieved Travelers of any duty to defend and therefore the court denied ORU's motions for summary judgment as moot.
