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CITIZENS INSURANCE CO. OF AMERICA v. HATZIGEORGIOU

Nos. 7435, 7436, 112377/08.

94 A.D.3d 586 (2012)

942 N.Y.S.2d 109

2012 NY Slip Op 2952

CITIZENS INSURANCE CO. OF AMERICA, Doing Business as HANOVER INSURANCE GROUP, Appellant, v. ARISTOTLE HATZIGEORGIOU, Individually and Doing Business as PLAY, et al., Respondents.

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

Decided April 19, 2012.

In its motion for summary judgment, plaintiff asserted that it timely disclaimed coverage for the underlying accident by letter dated July 9, 2008. In opposition, defendants asserted that the July 9, 2008 letter was not a notice of disclaimer, but a reservation of rights, and that plaintiff did not disclaim coverage until commencing this declaratory judgment action more than two months after receiving notice of the underlying action...

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