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AM REF-FUEL v. EMPLOYERS INS.

265 A.D.2d 49 (2000)

705 N.Y.S.2d 67

AMERICAN REF-FUEL COMPANY OF HEMPSTEAD, Respondent-Appellant, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, Appellant-Respondent.

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

March 27, 2000.

Attorney(s) appearing for the Case

Furey & Furey, P. C., Hempstead (James M. Furey, Sr., of counsel), for respondent-appellant.

McElroy, Deutsch & Mulvaney, New York City (Kevin T. Coughlin, Justin N. Kinney and Kristin V. Gallagher of counsel), for appellant-respondent.

O'BRIEN, J. P., SULLIVAN and H. MILLER, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

The primary issue here is the applicability of Insurance Law § 3420 (d), requiring a timely notice of disclaimer.

The plaintiff, American Ref-Fuel Company of Hempstead, operated the municipal incinerator for the Town of Hempstead. The defendant, Employers Insurance Company of Wausau (hereinafter Wausau), with a home office in Wausau, Wisconsin, delivered two insurance policies to the plaintiff's parent corporation...

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