TRIANGLE TRANSPORT, INC. v. MARKEL INSURANCE COMPANY


18 A.D.3d 229 (2005)

794 N.Y.S.2d 363

TRIANGLE TRANSPORT, INC., Appellant, v. MARKEL INSURANCE COMPANY, Respondent.

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

May 5, 2005.


It is not contested that defendant insurer has a meritorious defense to this action by its insured alleging wrongful disclaimer. Moreover, defendant has satisfactorily shown a reasonable excuse for its failure to answer the complaint by adducing evidence, in admissible form, demonstrating that although it duly forwarded plaintiff's pleadings to its claims administrator, the pleadings were inadvertently mislaid or incorrectly filed and accordingly never assigned to counsel...

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