Opinion
December 7, 1998
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and it is declared that the defendant Hermitage Insurance Company is not obligated to defend and indemnify the plaintiff St. Christopher's-Jennie Clarkson Child Care Services, Inc., in the underlying personal injury action, or to reimburse the plaintiff National Union Fire Insurance Company of Pittsburgh, Pa., for expenses incurred in the defense of the underlying personal injury action.
Under the circumstances of this case, we find that the defendant Hermitage Insurance Company (hereinafter Hermitage) declined coverage in a timely manner ( see, Matter of Fireman's Fund Ins. Co. v. Hopkins, 88 N.Y.2d 836, 837; Pennsylvania Millers Mut. Ins. Co. v. Sorrentino, 238 A.D.2d 491, 492; Mount Vernon Fire Ins. Co. v. Gatesington Equities, 204 A.D.2d 419, 420-421).
In light of our finding, Hermitage does not have to reimburse the plaintiff National Union Fire Insurance Company of Pittsburgh, Pa., for any expenses which it may have incurred in defending the plaintiff St. Christopher's-Jennie Clarkson Child Care Services in the underlying personal injury action ( see, e.g., Allstate Ins. Co. v. Mende, 176 A.D.2d 907, 908).
Rosenblatt, J. P., Ritter, Copertino and McGinity, JJ., concur.