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IN THE MATTER OF AMERICAN EXPRESS PROPERTY CASUALTY CO. v. VINCI

18 A.D.3d 655 (2005)

795 N.Y.S.2d 329

In the Matter of AMERICAN EXPRESS PROPERTY CASUALTY CO., Appellant, v. ROBERT VINCI, Respondent, et al., Respondents.

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

May 16, 2005.

Insurance Law § 3420 (d) requires an insurer to provide a written disclaimer "as soon as is reasonably possible." Reasonableness of the delay is measured from the time when the insurer "has sufficient knowledge of facts entitling it to disclaim, or knows that it will disclaim coverage" (First Fin. Ins. Co. v Jetco Contr. Corp., 1 N.Y.3d 64, 66 [2003]). The insurer bears the burden of justifying any delay (id. at 69)....

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