REYES v. DIAMOND STATE INSURANCE COMPANY


35 A.D.3d 830 (2006)

827 N.Y.S.2d 263

MICHELLE REYES, Appellant, v. DIAMOND STATE INSURANCE COMPANY, Respondent, et al., Defendants.

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

Decided December 26, 2006.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Kings County, for the entry of an appropriate judgment declaring that the defendant Diamond State Insurance Company was obligated to provide the excess coverage with respect to the underlying personal injury action pursuant to the policy of insurance.

An insurer must give written notice of a disclaimer of coverage...

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