Genesee Patrons Co-Operative Insurance v. Hopkins

Appellate Division of the Supreme Court of New York

Genesee Patrons Co-Operative Insurance v. Hopkins

248 A.D.2d 993, 670 N.Y.S.2d 130, 1998 N.Y. App. Div. LEXIS 3062

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1998

StatusPublished

This text of 248 A.D.2d 993 (Genesee Patrons Co-Operative Insurance v. Hopkins) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Genesee Patrons Co-Operative Insurance v. Hopkins, 248 A.D.2d 993, 670 N.Y.S.2d 130, 1998 N.Y. App. Div. LEXIS 3062 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff insurer’s motion for summary judgment and granted defendants’ cross motions for summary judgment, declaring that plaintiff must defend and indemnify defendants William J. Hopkins and Michelle Hopkins in the underlying personal injury action commenced against them by defendant Heath Hanes. Plaintiff failed to [994]*994provide a reasonable explanation for its delay of over seven months in disclaiming coverage. Thus, plaintiffs disclaimer was untimely as a matter of law (see, Utica Fire Ins. Co. v Spagnolo, 221 AD2d 921, 922; Gill v Gouchie, 210 AD2d 954, 955, Iv denied 86 NY2d 701).

We also conclude that the court properly awarded attorneys’ fees to the Hopkins (see, Sphere Drake Ins. Co. v Block 7206 Corp., 237 AD2d 427; see also, Allegany Co-Op Ins. Co. v Williams, 216 AD2d 894, 895, Iv denied 87 NY2d 806).

In light of our determination, we do not reach the remaining issues raised by the parties. (Appeal from Judgment of Supreme Court, Erie County, Notaro, J. — Declaratory Judgment.)

Present — Lawton, J. P., Hayes, Wisner, Boehm and Fallon, JJ.

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—Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff insurer’s motion for summary judgment and granted defendants’ cross motions for summary judgment, declaring that plaintiff must defend and indemnify defendants William J. Hopkins and Michelle Hopkins in the underlying personal injury action commenced against them by defendant Heath Hanes. Plaintiff failed to [994]*994provide a reasonable explanation for its delay of over seven months in disclaiming coverage. Thus, plaintiffs disclaimer was untimely as a matter of law (see, Utica Fire Ins. Co. v Spagnolo, 221 AD2d 921, 922; Gill v Gouchie, 210 AD2d 954, 955, Iv denied 86 NY2d 701).

We also conclude that the court properly awarded attorneys’ fees to the Hopkins (see, Sphere Drake Ins. Co. v Block 7206 Corp., 237 AD2d 427; see also, Allegany Co-Op Ins. Co. v Williams, 216 AD2d 894, 895, Iv denied 87 NY2d 806).

In light of our determination, we do not reach the remaining issues raised by the parties. (Appeal from Judgment of Supreme Court, Erie County, Notaro, J. — Declaratory Judgment.)

Present — Lawton, J. P., Hayes, Wisner, Boehm and Fallon, JJ.

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Bluebook (online)

248 A.D.2d 993, 670 N.Y.S.2d 130, 1998 N.Y. App. Div. LEXIS 3062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/genesee-patrons-co-operative-insurance-v-hopkins-nyappdiv-1998.

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