Opinion
October 25, 2001.
Order, Supreme Court, New York County (Michael Stallman, J.), entered January 9, 2001, which, inter alia, granted plaintiff's motion for summary judgment upon its claims for indemnification and attorneys' fees as against defendant insurer Investors Insurance Company of America, unanimously affirmed, without costs.
Mordecai Newman, for plaintiff-respondent.
Ignatius John Melito, for defendants-appellants.
Before: Nardelli, J.P., Tom, Andrias, Lerner, Marlow, JJ.
The three and one-half month delay of defendant Investors in disclaiming coverage was, on this record, unreasonable as a matter of law. The ground for the disclaimer, namely, the City's failure to provide timely notice of its claim, was plain from the face of the pleadings sent with the City's demand letter (see, City of New York v. N. Ins. Co. of New York, 284 A.D.2d 291, 292, 725 N.Y.S.2d 374, 375; cf., 2540 Assocs., Inc. v. Assicurazioni Generali, 271 A.D.2d 282, 283). Further, having covered this same claim on behalf of the City's co-insured, defendant Alliance for Progress, Investors is now equitably estopped from denying coverage to the City (Natl. Cas. Co. v. State Ins. Fund, 227 A.D.2d 115, 118, lv denied 88 N.Y.2d 813).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.