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Mendoza v. American Country Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2005
19 A.D.3d 300 (N.Y. App. Div. 2005)

Opinion

6120.

June 28, 2005.

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

Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York (Judith Zuckerman Frantz of counsel), for appellant.

Jeffrey A. Berson, New York, for respondent.

Before: Tom, J.P., Andrias, Ellerin, Nardelli and Sweeny, JJ.


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). We have considered defendant's remaining contentions and find them unavailing.


Summaries of

Mendoza v. American Country Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Jun 28, 2005
19 A.D.3d 300 (N.Y. App. Div. 2005)
Case details for

Mendoza v. American Country Insurance Company

Case Details

Full title:CESAR MENDOZA, Respondent, v. AMERICAN COUNTRY INSURANCE COMPANY, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 2005

Citations

19 A.D.3d 300 (N.Y. App. Div. 2005)
797 N.Y.S.2d 492