Appellate Division of the Supreme Court of the State of New York, Second Department.
Judgment affirmed, with costs.
The trial court was justified in finding as a matter of law that the written communications sent to defendant insurance carrier were sufficient to constitute a notice of claim under section 167 (subd 1, par [c]) of the Insurance Law. Defendant's failure to disclaim or deny coverage for a period in excess of one year after receiving notice was unreasonable, thus obligating it to provide excess coverage under the policy in question (see Insurance Law, § 167, subd 8; Allstate Ins. Co. v Gross, 27 N.Y.2d 263).
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