GEN. ACCIDENT INS. GROUP v. CIRUCCI


62 A.D.2d 1010 (1978)

General Accident Insurance Group, Appellant, v. Celia Cirucci et al., Respondents, and Aetna Life & Casualty Company, Respondent

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

April 10, 1978


Judgment reversed, on the law, with costs to petitioner payable by respondent Aetna Life & Casualty Company, the disclaimer is determined to be invalid and the application to stay arbitration is granted.

Respondent Aetna Life & Casualty Company, in its original letter of disclaimer, failed to assert the alleged unreasonable delay by claimants-respondents in giving notice of the occurrence. Aetna cannot now assert that delay as the basis for its disclaimer...

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