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FISCO v. PROVIDENT WASHINGTON INSURANCE COMPANY

303 A.D.2d 451 (2003)

755 N.Y.S.2d 893

ROBERT FISCO, Appellant, v. PROVIDENT WASHINGTON INSURANCE COMPANY, Respondent.

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

Decided March 10, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff argues that the defendant insurer had a duty to provide him with notice of its disclaimer. Further, since the defendant failed to serve the plaintiff with a notice of disclaimer, under Insurance Law § 3420 (d) it is now estopped from disclaiming coverage. Insurance Law § 3420 (d) requires an insurer disclaiming liability to give...

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