Opinion
February 23, 1998
Appeal from the Supreme Court, Westchester County (Rosato, J.).
Ordered that the order is affirmed, with costs.
It is well settled that an insurance carrier's duty to defend is broader than its duty to indemnify ( Seaboard Sur. Co. v. Gillette Co., 64 N.Y.2d 304, 310). The Supreme Court properly held that the allegations of the complaint in the underlying negligence action were not cast "soley and entirely within the policy exclusions" ( International Paper Co. v. Continental Cas. Co., 35 N.Y.2d 322, 325. Thus, the carrier failed to meet its burden of establishing that the relevant exclusion absolved it of the duty to defend the third-party plaintiff in the underlying negligence action ( see, Allstate Ins. Co. v. Noorhassan, 158 A.D.2d 638).
Further, the issue of the reasonableness of the third-party plaintiff's delay in giving notice of the incident to the carrier is a question of fact for the jury ( see, Argentina v. Otsego Mut. Fire Ins. Co., 207 A.D.2d 816, affd 86 N.Y.2d 748).
Accordingly, the carrier's motion for summary judgment was properly denied.
Mangano, P.J., Joy, Altman and Luciano, JJ., concur.