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EVELENO v. COLONIAL PENN INS.

188 Misc.2d 454 (2001)

728 N.Y.S.2d 907

SAM EVELENO, Plaintiff, v. COLONIAL PENN INSURANCE COMPANY, Defendant.

Civil Court, Queens County.

May 31, 2001.

Attorney(s) appearing for the Case

Serpe, Andree & Kaufman, Huntington, for plaintiff.

Russel B. Scarella, New York City, for defendant.

OPINION OF THE COURT

DAVID ELLIOT, J.

Does the failure of an insurer to timely disclaim coverage within the time limitations set forth in 11 NYCRR 216.6, under a specific exclusion to an otherwise covered loss under a homeowner's policy, preclude the insurer from denying coverage? For reasons that follow, the Court holds that it does.

The plaintiff, Sam Eveleno (hereinafter Eveleno), moves for summary...

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