GPH PARTNERS, LLC v. AMERICAN HOME ASSURANCE COMPANY

5057, 111186/07.

84 A.D.3d 522 (2011)

924 N.Y.S.2d 41

GPH PARTNERS, LLC, Appellant, v. AMERICAN HOME ASSURANCE COMPANY et al., Defendants, and ADMIRAL INSURANCE COMPANY, Respondent.

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

Decided May 12, 2011.


Supreme Court erred by considering only the language of the subject policy's wrap-up exclusion, without also examining whether Admiral timely asserted such exclusion as a basis for its disclaimer. "A disclaimer is unnecessary when a claim does not fall within the coverage terms of an insurance policy . . . [but] a timely disclaimer pursuant to Insurance Law § 3420 (d) is required when a claim falls within the coverage terms but is denied based on a policy exclusion"...

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