Mendoza v. American Country Insurance

Appellate Division of the Supreme Court of New York

Mendoza v. American Country Insurance

19 A.D.3d 300, 797 N.Y.S.2d 492, 2005 N.Y. App. Div. LEXIS 7173

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

DecidedJune 28, 2005

StatusPublished

This text of 19 A.D.3d 300 (Mendoza v. American Country Insurance) 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

Mendoza v. American Country Insurance, 19 A.D.3d 300, 797 N.Y.S.2d 492, 2005 N.Y. App. Div. LEXIS 7173 (N.Y. Ct. App. 2005).

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Opinion

[301]*301Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered June 8, 2004, which, in an action pursuant to Insurance Law § 3420 (a) (2), granted plaintiffs motion for summary judgment insofar as to direct that defendant insurer pay plaintiff proceeds of $100,000 under the subject Lability policy, unanimously affirmed, without costs.

Defendant’s unexplained delay in disclaiming coverage for six months after having been notified of the lawsuit against its insured was untimely, and thus ineffective (see Insurance Law § 3420 [d]; Hartford Ins. Co. v County of Nassau, 46 NY2d 1028, 1029 [1979]). We have considered defendant’s remaining contentions and find them unavailing. Concur—Tom, JP., Andrias, Ellerin, Nardelli and Sweeny, JJ.

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[301]*301Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered June 8, 2004, which, in an action pursuant to Insurance Law § 3420 (a) (2), granted plaintiffs motion for summary judgment insofar as to direct that defendant insurer pay plaintiff proceeds of $100,000 under the subject Lability policy, unanimously affirmed, without costs.

Defendant’s unexplained delay in disclaiming coverage for six months after having been notified of the lawsuit against its insured was untimely, and thus ineffective (see Insurance Law § 3420 [d]; Hartford Ins. Co. v County of Nassau, 46 NY2d 1028, 1029 [1979]). We have considered defendant’s remaining contentions and find them unavailing. Concur—Tom, JP., Andrias, Ellerin, Nardelli and Sweeny, JJ.

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Bluebook (online)

19 A.D.3d 300, 797 N.Y.S.2d 492, 2005 N.Y. App. Div. LEXIS 7173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendoza-v-american-country-insurance-nyappdiv-2005.

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