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GREGORIO v. J.M. DENNIS CONSTRUCTION COMPANY CORP.

21 A.D.3d 1056 (2005)

803 N.Y.S.2d 628

ELIAS M. GREGORIO, Plaintiff, v. J.M. DENNIS CONSTRUCTION COMPANY CORP., Defendant and Third-Party Plaintiff-Respondent. UTICA MUTUAL INSURANCE COMPANY, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

September 26, 2005.

Ordered that the order and judgment is affirmed, with costs.

"A failure by the insurer to give [notice of disclaimer] as soon as is reasonably possible after it first learns of the accident or of grounds for disclaimer of liability or denial of coverage, precludes effective disclaimer or denial" (Hartford Ins. Co. v. County of Nassau, 46 N.Y.2d 1028, 1029 [1979]; see Matter of Firemen's Fund Ins. Co. of Newark v. Hopkins...

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