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MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY v. RAMIREZ

2009-05563

76 A.D.3d 1078 (2010)

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent, v. JACQUELINE E. RAMIREZ et al., Respondent, and GEICO GENERAL INSURANCE COMPANY, Appellant, et al., Respondent.

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

Decided September 28, 2010.

Ordered that the order is affirmed, with costs.

Contrary to the contention of GEICO General Insurance Company (hereinafter GEICO), the Supreme Court properly determined that its notice of disclaimer on the ground that its insured had not furnished it with timely notice of the incident in question was itself untimely. Indeed, whether GEICO's delay in disclaiming is measured from the date when it first received notice that its insured's vehicle was involved in an accident...

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