NATIONAL UNION FIRE INSURANCE COMPANY v. STATE INSURANCE FUND


1 A.D.3d 136 (2003)

766 N.Y.S.2d 199

NATIONAL UNION FIRE INSURANCE COMPANY et al., Appellants, v. STATE INSURANCE FUND, Respondent, et al., Defendants.

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

November 6, 2003.


The motion court correctly determined that, under the circumstances, eve-of-trial notice given to defendant insurer nearly eight months after its insured was properly named as a third-party defendant in the underlying personal injury action was untimely as a matter of law. We reject appellants' waiver, estoppel and correctable misnomer arguments because, among other reasons, in a letter disclaiming coverage the insurer had previously warned that coverage would be provided...

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