Legal Question in Insurance Law in New York

Subrugation Claim

I received a letter from an insurance company claiming me as part of subrugation claim to damage to one of their clients vehicles 3 years ago. It was stated that I might have been seen in the parking lot prior to damage being committed to the vehicle since it was parked next to mine. Damage was claimed at $4,250. However, the lot attendant never called police or attempted to stop any vanadlism from occuring (This is a high profile well lit lot). I was never contacted by the police or the insurance agency prior to this letter coming yesterday. My questions, is this a claim for which I am responsible for? I have no connection with the vandalism of this vehicle. However, if push comes to shove should I file the claim with my auto insurance company? Any advice that can be provided would be greatly appreciated. Thank you


Asked on 2/20/05, 7:12 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Subrugation Claim

You should immediately turn it over to your insurance company and cooperate with them fully. Otherwise, they will have the right to disclaim coverage.

They might try to disclaim since they were not notified when the accident occurred 3 years ago, but if you were not involved, there was no reason for you to notify them.

They still owe you a duty to defend the lawsuit.

If they try to disclaim, contact me if you need an attorney to bring a declaratory judgment action against them. I have done many of these.

If you had a different insurer then, notify both.

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Answered on 2/21/05, 12:29 pm
David Slater David P. Slater, Esq.

Re: Subrugation Claim

I doubt your insurance carrier would cover a vandalism claim.

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Answered on 2/21/05, 7:31 am


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