Opinion
March 20, 1995
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
We agree with the Supreme Court that a question of fact has been raised as to whether the plaintiff-insured demanded coverage from the defendant-insurer "as soon as practicable" as is required by the insurance policy (see, Mighty Midgets v Centennial Ins. Co., 47 N.Y.2d 12; Security Mut. Ins. Co. v Acker-Fitzsimons Corp., 31 N.Y.2d 436; Farmers Fire Ins. Co. v Brighton, 142 A.D.2d 547; Columbus Trust Co. v. Hanover Ins. Co., 50 A.D.2d 798). However, contrary to the plaintiffs' arguments, the defendant-insurer issued a disclaimer "as soon as was reasonably possible" given, inter alia, the age of the policy at issue and its limited scope of coverage (Norfolk Dedham Mut. Fire Ins. Co. v. Petrizzi, 121 A.D.2d 276, 277). Lawrence, J.P., Ritter, Friedmann and Krausman, JJ., concur.