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MATTER OF STATE FARM MUT. AUTO. INS. CO. v. COTE

200 A.D.2d 622 (1994)

606 N.Y.S.2d 721

In the Matter of State Farm Mutual Automobile Insurance Company, Respondent, v. Richard Cote et al., Appellants, et al., Respondents

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

January 18, 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 injured party 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 ...

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