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MATTER OF FIREMEN'S FUND INS. CO. OF NEWARK v. HOPKINS

209 A.D.2d 518 (1994)

619 N.Y.S.2d 287

In the Matter of Firemen's Fund Insurance Company of Newark, Respondent, v. John Hopkins, Jr., Appellant

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

November 14, 1994

Ordered that the judgment is reversed, on the law, with costs, the petition is dismissed, and the parties are directed to proceed to arbitration.

It is well-settled that an insurance carrier may not disclaim liability if it fails to give the insured timely notice of the disclaimer "as soon as is reasonably possible after it first learns of the accident or grounds for disclaimer of liability or denial of coverage" (Hartford Ins. Co. v County of Nassau,

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