IN THE MATTER OF FIRST CENTRAL INSURANCE COMPANY


3 A.D.3d 494 (2004)

771 N.Y.S.2d 141

In the Matter of FIRST CENTRAL INSURANCE COMPANY, Respondent. AURELLO MALAVE, Appellant.

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

January 12, 2004.


Ordered that the order is affirmed, with costs.

Aurello Malave, the claimant, challenges a notice of disclaimer of coverage sent by First Central Insurance Company (hereinafter FCIC) to, among others, its insured with a copy to him, who was the injured party, in accordance with Insurance Law § 3420 (d). FCIC first received notice of the accident approximately 4½ years after the alleged injury occurred, and approximately two years after the claimant commenced...

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