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VARELLA v. AMERICAN TRANSIT INSURANCE COMPANY

306 A.D.2d 464 (2003)

762 N.Y.S.2d 253

LAFRED VARELLA, Appellant, v. AMERICAN TRANSIT INSURANCE COMPANY, Respondent.

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

Decided June 23, 2003.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

Insurance Law § 3420 (d) requires written notice of a disclaimer to be given "as soon as is reasonably possible" after the insurer learns of the grounds for disclaimer of liability (see Matter of Firemen's Fund Ins. Co. of Newark v Hopkins, 88 N.Y.2d 836, 837 [1996]; Hartford Ins. Co. v County of Nassau, 46...

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