Opinion
Argued April 30, 1999
June 14, 1999
In an action for a judgment declaring, inter alia, that the defendant State Farm Insurance Company is obligated under policy number A 767-081-32 to indemnify the plaintiff for injuries she sustained in an automobile accident, the defendant State Farm Insurance Company appeals from a judgment of the Supreme Court, Queens County (Kassoff, J.), dated March 31, 1998, which, upon submission of an agreed statement of facts, declared, inter alia, that it did not timely disclaim coverage under policy number A 767-081-32 and that this policy and another policy shall contribute ratably for a combined maximum of $100,000.
Rivkin, Radler Kremer, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, William C. Heuer, and Stuart Bodoff of counsel), for appellant.
Ronemus Vilensky, New York, N.Y. (Robin Mary Heaney and Michael B. Ronemus of counsel), for respondent.
SONDRA MILLER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, with costs, and it is declared that State Farm Insurance Company timely disclaimed coverage under policy number A 767-081-32, and that this policy does not provide coverage for any liability incurred by Antenogenes Baez arising out of an accident which occurred on April 27, 1990.
State Farm Insurance Company timely disclaimed coverage under policy number A 767-081-32 ( see, Silk v. City of New York, 203 A.D.2d 103; Brabender v. Northern Assur. Co. of Am., 65 F.3d 269). The plaintiffs received sufficient notice of the disclaimer ( see, e.g., Utica Fire Ins. Co. of Oneida County v. Spagnolo, 221 A.D.2d 921; Miranda v. Aetna Cas. Sur. Co., 51 A.D.2d 1035), and the reason therefor ( see, Allen v. Commercial Union Ins. Co., 232 A.D.2d 949; cf., Handelsman v. Sea Ins. Co., 85 N.Y.2d 96).