Opinion
March 13, 1998
Appeal from Judgment of Supreme Court, Erie County, Notaro, J. — Declaratory Judgment.
Present — Lawton, J. P., Hayes, Wisner, Boehm and Fallon, JJ.
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 provide a reasonable explanation for its delay of over seven months in disclaiming coverage. Thus, plaintiff's disclaimer was untimely as a matter of law (see, Utica Fire Ins. Co. v. Spagnolo, 221 A.D.2d 921, 922; Gill v. Gouchie, 210 A.D.2d 954, 955, lv denied 86 N.Y.2d 701).
We also conclude that the court properly awarded attorneys' fees to the Hopkins (see, Sphere Drake Ins. Co. v. Block 7206 Corp., 237 A.D.2d 427; see also, Allegany Co-Op Ins. Co. v. Williams, 216 A.D.2d 894, 895, lv denied 87 N.Y.2d 806).
In light of our determination, we do not reach the remaining issues raised by the parties.