BOVIS LEND LEASE LMB, INC. v. ROYAL SURPLUS LINES INSURANCE COMPANY


44 A.D.3d 307 (2007)

841 N.Y.S.2d 865

BOVIS LEND LEASE LMB, INC., et al., Respondents, v. ROYAL SURPLUS LINES INSURANCE COMPANY, Appellant, et al., Defendant. MILLENNIUM MASONRY, INC., Third-Party Plaintiff-Respondent, v. ROYAL SURPLUS LINES INSURANCE COMPANY, Third-Party Defendant-Appellant, and PROFESSIONAL RISK MANAGERS, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided October 2, 2007.


The court properly determined that the 37-day delay between Royal's receipt of the report from its investigator detailing the accident involving Millennium's employee and its letter disclaiming coverage was unreasonable as a matter of law (Insurance Law § 3420 [d]). The reasons for Royal's disclaimer were readily apparent from the documents delivered to Royal, including the notice of claim and the investigation report (see 2833 Third Ave. Realty Assoc. v Marcus,<...

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