Under Liberal Construction Afforded Notices Of Insurance Claims, Dispute Regarding Whether Plaintiffs’ Notice Included Earlier Insurance Policy Fails To Render Amendment “Palpably Insufficient”

Posted: August 27, 2025 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Categories Insurance, Leave to Amend

Under Liberal Construction Afforded Notices Of Insurance Claims, Dispute Regarding Whether Plaintiffs’ Notice Included Earlier Insurance Policy Fails To Render Amendment “Palpably Insufficient”

On July 3, 2025, Justice Joel M. Cohen granted leave to amend the complaint to include an earlier insurance policy covering the aircraft for which Plaintiffs sought coverage. The case is Greylag Goose Leasing 1410 Designated Activity Company v. Chubb European Group, Index No. 654784/2023.

Justice Cohen rejected the objections of Defendants Tokio Marine Kiln Syndicates Limited and HDI Global Specialty SE (“TMK-HDI”):

TMK-HDI contend that the proposed pleading is meritless because Plaintiffs issued the requisite pre-suit notice only for the policy referenced in the original complaint, not the policy they now seek to include. Plaintiffs, however, contend that the notice they issued was not specific to any one policy. Further, Plaintiffs point out that notice requirements are liberally construed in favor of the insured, and “substantial, rather than strict compliance [is] adequate” (Greenburgh Eleven Union Free Sch. Dist. v Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 304 AD2d 334, 335-36 [1st Dept 2003]; see also Allstate Insurance Co. v Patrylo, 144 AD2d 243, 247 [1st Dept 1988] [pre-suit notice that did not denote the policy number or effective policy dates was adequate]). In sum, while the Court reaches no conclusion at this stage as to whether there are viable defenses to the proposed new claim, TMK-HDI have not met the burden to demonstrate at this stage that the proposed amendment is palpably insufficient or devoid of merit (CIFG Assur. N. Am., Inc. v J.P. Morgan Sec. LLC, 146 AD3d 60, 65 [1st Dept 2010] [party opposing leave to amend “must overcome a heavy presumption of validity in favor of [permitting amendment]”]).

Slip op., p. 2 (citations omitted.) Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning insurance coverage or amendment of pleadings.