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SCHULMAN v. INDIAN HARBOR INSURANCE COMPANY

40 A.D.3d 957 (2007)

836 N.Y.S.2d 682

MARTIN SCHULMAN et al., Respondents, v. INDIAN HARBOR INSURANCE COMPANY, Appellant.

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

Decided May 22, 2007.

Ordered that the order and judgment is affirmed, with costs.

Insurance Law § 3420 (d) requires an insurer to provide a written disclaimer "as soon as is reasonably possible." The 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.,

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