(Download) "David S. Kramer v. Interboro Mutual Indemnity Insurance Company" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: David S. Kramer v. Interboro Mutual Indemnity Insurance Company
- Author : Supreme Court of New York
- Release Date : January 30, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
DECISION & ORDER It is well settled that an insurance carrier may not disclaim liability if it fails to give the insured
timely notice of the disclaimer "as soon as is reasonably possible after it first learns of the accident or grounds for disclaimer
of liability or denial of coverage" (see, Hartford Ins. Co. v County of Nassau, 46 N.Y.2d 1028, 1029; New York Cent. Mut.
Fire Ins. Co. v Markowitz, 147 A.D.2d 461, 462). Moreover, the foregoing rule is applicable even if the insured or the injured
claimant has in the first instance failed to provide the carrier with timely notice of an accident (New York Cent. Mut. Fire
Ins. Co. v Markowitz, supra; Matter of Aetna Cas. & Sur. Co. v Rodriguez, 115 A.D.2d 418, 420). This is particularly
true where, as here, the sole ground for disclaiming was predicated upon the insured's failure to notify its carrier of the
accident, and the ground for disclaiming liability was readily apparent to the carrier when it received notice of the accident
(cf., New York Cent. Mut. Fire Ins. Co. v Markowitz, supra). Moreover, the record does not contain any explanation by the
carrier for its delay in disclaiming. Where there is no explanation given by a carrier, a delay of two months in providing
such notice is unreasonable as a matter of law (see, Hartford Ins. Co. v County of Nassau, supra). With respect to the carrier's assertion that a triable issue of [176 A.D.2d 308 Page 309]