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COUNTRY-WIDE INS. CO. v. PREFERRED TRUCKING SERVS. CORP.

8332, 101844/09.

99 A.D.3d 582 (2012)

952 N.Y.S.2d 539

2012 NY Slip Op 7036

COUNTRY-WIDE INSURANCE COMPANY, Appellant, v. PREFERRED TRUCKING SERVICES CORP. et al, Defendants, and FILIPPO GALLINA et al., Respondents.

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

October 18, 2012.

Plaintiff's disclaimer of coverage was untimely, since it came approximately four months after it learned of the ground for the disclaimer (see First Fin. Ins. Co. v Jetco Contr. Corp., 1 N.Y.3d 64, 68-69 [2003]; Consolidated Edison Co. of N.Y. v Hartford Ins. Co., 203 A.D.2d 83, 84-85 [1st Dept 1994]). Plaintiff's argument that the disclaimer was timely because it had no basis for disclaiming...

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