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MATTER OF AETNA CAS. & SUR. CO. v. ROSEN

205 A.D.2d 684 (1994)

613 N.Y.S.2d 664

In the Matter of Aetna Casualty and Surety Company, Appellant, v. Mark J. Rosen, Respondent

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

June 20, 1994

Ordered that the order is affirmed, with costs.

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, 46 N.Y.2d 1028, 1029; see, Kramer v Interboro Mut. Indem...

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