BROTHER JIMMY'S BBQ, INC. v. AMERICAN INTL. GROUP, INC.

7843, 105077/09.

96 A.D.3d 429 (2012)

945 N.Y.S.2d 550

2012 NY Slip Op 4296

BROTHER JIMMY's BBQ, INC., et al., Respondents, v. AMERICAN INTERNATIONAL GROUP, INC., et al., Defendants, ILLINOIS NATIONAL INSURANCE COMPANY, Appellant, and LAUREN SCLAFANI, Respondent.

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

June 5, 2012.


The motion court correctly determined that defendant-appellant Illinois National Insurance Company's disclaimer of coverage was untimely. Regardless of the timeliness of plaintiffs' notice of claim, the ground alleged as support for disclaimer was clear from the face of the notice of claim and other documents submitted to Illinois National, making the 38-day delay before issuance of the notice of disclaimer unreasonable as a matter of law under Insurance Law § 3420 ...

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