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FIRST FIN INS v. JETCO CONTR

1 N.Y.3d 64 (2003)

801 N.E.2d 835

769 N.Y.S.2d 459

FIRST FINANCIAL INSURANCE COMPANY, Respondent, v. JETCO CONTRACTING CORP., Appellant, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 20, 2003.

Attorney(s) appearing for the Case

Goddard Ronan & Dineen, L.L.P., Garden City (Joseph P. Dineen of counsel), for appellant.

Ford Marrin Esposito Witmeyer & Gleser, L.L.P., New York City (James M. Adrian and Rebecca J. Foote of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

Chief Judge KAYE.

The United States Court of Appeals for the Second Circuit, by two certified questions, has asked us to clarify whether an insurer's 48-day delay in notifying a policyholder of denial of coverage is unreasonable as a matter of law under Insurance Law § 3420 (d), where the purpose of the delay is to investigate the existence of other, third-party sources of insurance...

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