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CITY OF NEW YORK v. INVESTORS INSURANCE COMPANY OF AMERICA

287 A.D.2d 394 (2001)

731 N.Y.S.2d 623

CITY OF NEW YORK, Respondent, v. INVESTORS INSURANCE COMPANY OF AMERICA et al., Appellants.

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

Decided October 25, 2001.

The 3½-month delay of defendant Investors in disclaiming coverage was, on this record, unreasonable as a matter of law. The ground for the disclaimer, namely, the City's failure to provide timely notice of its claim, was plain from the face of the pleadings sent with the City's demand letter (see, City of New York v Northern Ins. Co., 284 A.D.2d 291, 292; cf., 2540 Assocs. v Assicurazioni...

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