MATTER OF COLONIAL PENN INSURANCE COMPANY v. PEVZNER


266 A.D.2d 391 (1999)

698 N.Y.S.2d 310

In the Matter of COLONIAL PENN INSURANCE COMPANY, Appellant, v. LEONID A. PEVZNER, Respondent, and STATE FARM INSURANCE et al., Respondents.

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

Decided November 15, 1999.


Ordered that the order is reversed, on the law, with costs, and the petition is granted.

The 41-day delay of the respondent State Farm Insurance (hereinafter State Farm) in disclaiming coverage for the vehicle of its insured, Chin Hasing L. Ng, based on his failure to provide it with timely notice of an accident, was unreasonable as a matter of law (see, Matter of Nationwide Mut. Ins. Co. v Steiner, 199 A.D.2d 507). Its attempt...

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