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BOVIS LEND LEASE v. ROYAL INS

27 A.D.3d 84 (2005)

806 N.Y.S.2d 53

BOVIS LEND LEASE LMB, INC., et al., Respondents, v. ROYAL SURPLUS LINES INSURANCE COMPANY, Appellant.

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

December 15, 2005.

Attorney(s) appearing for the Case

Coughlin Duffy Kelly Lisovicz Midlige & Wolff, LLP, New York City (Kevin E. Wolff, Daniel F. Markham and Aaron Van Nostrand of counsel), for appellant.

Newman Fitch Altheim Myers, P.C., New York City (Howard B. Altman and Abraham S. Altheim of counsel), for respondents.

ANDRIAS, J.P., SAXE, SULLIVAN and WILLIAMS, JJ., concur.

OPINION OF THE COURT

ELLERIN, J.

In this insurance coverage case, the main issue before us is whether defendant Royal Surplus Lines Insurance Company complied with the mandate of Insurance Law § 3420 (d), which requires that an insurer intending to disclaim liability or deny coverage under a liability policy give prompt written notice of such disclaimer of liability or denial of coverage "to the insured...

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