The Court of Appeals strictly interpreted a notice requirement in a liability policy, finding that notice to a carrier concerning a workers compensation claim was insufficient compliance with a notice requirement in a separate policy issued by the same carrier, concerning the same accident.

In Sorbara Construction Corporation v. AIU Insurance Company, the Court sustained the Appellate Term's finding, noting well settled New York law that failure to give timely and reasonable notice of an occurrence under a policy relieves the insurer of its coverage obligation, even if the insurer is not prejudiced by the flawed notice.

The situation here was unique. The insurer claiming late notice had already received notice of the occurrence pursuant to a workers compensation policy it issued. The contractor argued that because notice was timely given under the workers compensation policy, the insurer was effectively on notice with respect to the liability claim.

The Court disagreed. It found that the insured did not give notice to the insurer until it was sued in a third party action--some five and one-half years after the accident and "under the circumstances of this case, such notice was unreasonable as a matter of law and relieved the insurer of its obligation to defend or indemnify the insured."

Many small and medium-size business are reluctant to report workplace accidents to their insurers for fear of higher premiums or believe that the prospect of amicable settlements reasonably delay notice. If you have a workplace issue that may involve your insurer, it is essential to give complete and timely notice. If you have a question about any issue involving your insurer, feel free to contact us.

Congressman Eliot L. Engel and Ambassador Sallai Meridor joined ZAKA, the all-volunteer organization responsible for emergency medicine and remains recovery at terrorist attacks in Israel, in honoring Ryan Karben at a recent Capitol Hill ceremony. Karben received the Defender of Israel Award.

In accepting his award in the historic House Caucus Room, Karben praised Zaka's volunteers.

"They hasten to the burning buses, the lifeless limbs, the silent screams," he said. "They cradle babies blown from their mothers' arms and parents pried from their progeny. They gather the skin of strangers and the blood of friends."

Karben also recounted personal friends who died at the hands of terrorists, including high school classmate Alisa Flatow killed in Kfar Darom in '95, classmate, Sara Duker killed on Bus No. 18 in Jerusalem in '96 and neighbor Goldie Taubenfeld, murdered with 3 month Shmuel in her arms on a bus leaving the Western Wall in '03.

The ceremont also honored two dozen Members of Congress, Jack Avital and Robert Rimberg. The event was coordinated by The Frieldander Group.

Ryan Karben was named Law Chairperson of the Spring Valley Democratic Committee at its recent re- organization meeting. The appointment was made by Patricia A. Caldwell, who was re-elected chairwoman. The body is part of the Rockland County Democratic Committee.

"Whether you are a Republican or Democrat, this is an exciting time to be an activist," Karben said, "With so many issues facing our local community and our country, I am honored to serve a committee with a long tradition of empowering citizens and promoting social justice."

This past Election Day, Karben shared responsibility for ensuring that all voters had access to the polls and that none were wrongly turned away. Karben was assigned to these voter protection responsibilities by the New York Democratic Lawyers Council. The group successfully deployed hundreds of lawyers across the metropolitan region to avoid voter intimidation and election worker error.

Karben assumes the office of Law Chairperson at a critical time in Spring Valley's history. The community will hold elections for mayor, board of trustees and two judicial positions in 2009.