76 A.D.2d 884 (1980)

Matthew S. Mehilentze, an Infant, by His Father and Natural Guardian, Ronald Mehilentze, et al., Respondents, v. Sea Insurance Company, Limited, Appellant

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

June 16, 1980

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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