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MATTER OF ALLSTATE INS. CO. v. SOUFFRANT

221 A.D.2d 434 (1995)

633 N.Y.S.2d 575

In the Matter of Allstate Insurance Company, Respondent, v. Jean J. Souffrant, Appellant

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

November 13, 1995

Ordered that the judgment is reversed, on the law, with costs, the petition is denied, 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 disclaimer "as soon as is reasonably possible after it first learns of the accident or grounds for disclaimer of liability" (Hartford Ins. Co. v County of Nassau, 46 N.Y.2d 1028

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