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MATTER OF LONG ISLAND INS. CO.

62 A.D.2d 1038 (1978)

In the Matter of the Arbitration between Long Island Insurance Company, Appellant-Respondent, and Joseph Alini et al., Respondents-Appellants

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

April 17, 1978

Order modified, on the law, by adding thereto a provision that Special Term also consider, upon the hearing, whether the petitioner unduly delayed disclaimer of liability or denial of coverage. As so modified, order affirmed, without costs or disbursements.

A hearing is required to determine the factual issue whether the filing of the notice of claim was timely (see Matter of Motor Vehicle Acc. Ind. Corp. [Brown]...

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