In an action for personal injuries arising from an automobile accident, plaintiff obtained a judgment in the amount of $42,675, which he seeks to recover from the insurer of one of the defendants in that action, on the ground that the insurer's disclaimer of liability was untimely as a matter of law, pursuant to Insurance Law § 3420 (d), and therefore of no effect. The motion court properly held that since neither plaintiff nor the insured ever notified the insurer of...
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