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BENJAMIN SHAPIRO REALTY COMPANY v. AGRICULTURAL INSURANCE COMPANY

287 A.D.2d 389 (2001)

731 N.Y.S.2d 453

BENJAMIN SHAPIRO REALTY COMPANY, Respondent-Appellant, v. AGRICULTURAL INSURANCE COMPANY, Appellant-Respondent, KSH GROUP, INC., Respondent, and BARKLEY COVERAGE GROUP, Respondent.

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

Decided October 25, 2001.

The motion court properly concluded that insurer Agricultural had waived its defense of lack of timely notice. A notice of disclaimer must provide a claimant with a very specific ground upon which the disclaimer is predicated (General Acc. Ins. Group v Cirucci, 46 N.Y.2d 862, 864). A ground not raised in the letter of disclaimer may not later be asserted as an affirmative defense (id.). Here, in its answer, the insurer asserted...

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