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ALLEN v. ALLSTATE INSURANCE COMPANY

2010-04054.

78 A.D.3d 872 (2010)

913 N.Y.S.2d 661

MICHAEL A. ALLEN et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Respondent.

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

Decided November 16, 2010.

Ordered that the order is affirmed, with costs.

The plaintiffs correctly contend that the defendant was obligated to give notice of its disclaimer of coverage based on the proffered policy exclusion (see Matter of Worcester Ins. Co. v Bettenhauser, 95 N.Y.2d 185 [2000]), and that said notice was required to be given "as soon as [was] reasonably possible" under the circumstances (Insurance Law § 3420 [d] [2];

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