HARTFORD INS. CO. v. COUNTY OF NASSAU


46 N.Y.2d 1028 (1979)

Hartford Insurance Company, Respondent, v. County of Nassau, Appellant, and Richard A. Jaeger, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 29, 1979.


Attorney(s) appearing for the Case

Edward G. McCabe, County Attorney (Robert O. Boyhan and Matthew A. Tedone of counsel), for appellant.

James M. O'Brien for Hartford Insurance Company, respondent.

Raymond J. MacDonnell, Philip Hoffer, Rose L. Hoffer and Peter T. Affatato for Richard A. Jaeger, respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge JASEN dissents and votes to affirm in a separate opinion.


MEMORANDUM.

The order appealed from should be reversed, with costs, and the judgment of Supreme Court, Nassau County, reinstated.

In order to effectively disclaim liability or deny coverage for death or bodily injury under an automobile liability insurance policy, an insurer must "give written notice as soon as is reasonably possible of such disclaimer of liability or denial of coverage" (Insurance Law, § 167...

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