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PARKVIEW OWNERS, INC. v. DF RESTORATION, INC.

Nos. 7359N, 104584/10.

94 A.D.3d 532 (2012)

942 N.Y.S.2d 336

2012 NY Slip Op 2772

PARKVIEW OWNERS, INC., et al., Respondents, v. DF RESTORATION, INC., Respondent, and RSUI INDEMNITY COMPANY, Appellant, et al., Defendants.

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

Decided April 12, 2012.

Defendant waited more than one year from the date on which it received notice of the claim against its insured to assert a disclaimer based on the policy exclusion for residential projects. This unexplained delay was unreasonable as a matter of law (see Insurance Law § 3420 [d]; Agoado Realty Corp. v United Intl. Ins. Co., 260 A.D.2d 112, 118 [1999], mod on other grounds 95 N.Y.2d 141

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