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PAWLEY INTERIOR CONTRACTING, INC. v. HARLEYSVILLE INSURANCE COMPANIES

11 A.D.3d 595 (2004)

782 N.Y.S.2d 660

PAWLEY INTERIOR CONTRACTING, INC., Respondent, v. HARLEYSVILLE INSURANCE COMPANIES, Appellant.

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

October 18, 2004.

Ordered that the order is affirmed, with costs.

The defendant was not entitled to summary judgment on the ground that a policy exclusion for liability arising out of the supervision of certain work (hereinafter the supervision exclusion) precluded coverage. An insurer must give timely notice of a disclaimer "as soon as is reasonably possible" after it first learns of the accident or the ground for the disclaimer of liability (Hartford Ins. Co. v County of Nassau...

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