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PENSKY v. AETNA LIFE & CAS. CO.

55 A.D.2d 640 (1976)

Ellen Pensky et al., Respondents, v. Aetna Life and Casualty Company, Appellant, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1976

Judgment reversed, on the law, without costs or disbursements, and it is declared that the disclaimers of liability issued by the appellant were proper and effective as to all parties.

It is our opinion that any and all notices of the accident herein given to the insurer were untimely as a matter of law, and were properly rejected by the appellant for that reason (see Miranda v Aetna Cas. & Sur. Co., 51 A.D.2d 1035

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