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ALLSTATE INS. CO. v. MACALUSO

217 A.D.2d 424 (1995)

628 N.Y.S.2d 701

Allstate Insurance Company, Appellant, v. Joseph J. Macaluso et al., Defendants, and James C. Doherty et al., Respondents

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

July 6, 1995

Plaintiff's delay in disclaiming coverage based on the exclusion for vehicles for hire in the subject policy was unreasonable as a matter of law (see, Hartford Ins. Co. v County of Nassau, 46 N.Y.2d 1028). Defendants-respondents' complaint in the underlying action, served more than 19 months before plaintiff's notice of disclaimer, and the affidavit from defendant-respondent's physician in the underlying action, served almost...

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