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MATTER OF LIBERTY MUT. INS. CO. v. LAPICOLA

184 A.D.2d 322 (1992)

In the Matter of Liberty Mutual Insurance Company, Appellant, v. Thomas Lapicola, Respondent, et al., Respondents

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

June 16, 1992

It is well established that an insurer will be estopped from disclaiming coverage based on a policy exclusion where it has unreasonably delayed in notifying the insured of its intent to do so (Zappone v Home Ins. Co., 55 N.Y.2d 131). Here, disclaimer of uninsured motorist benefits on the ground that respondent Lapicola settled with other tortfeasors without petitioner Liberty's consent was raised for the first time in a memorandum...

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