MATTER OF ALLSTATE INS. CO. v. FERRONE


232 A.D.2d 479 (1996)

648 N.Y.S.2d 936

In the Matter of Allstate Insurance Company, Appellant, v. Gregg Ferrone, as Administrator of The Estate of Louis V. Ferrone, Deceased, Respondent

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

October 15, 1996


Ordered that the judgment is affirmed, with costs.

It is well established that an insurance carrier will be estopped from disclaiming coverage based on an exclusion in a policy when it has delayed unreasonably in issuing its disclaimer (see, Zappone v Home Ins. Co., 55 N.Y.2d 131). The reasonableness of any delay in disclaiming coverage must be judged from the time that...

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