VALIANT INS. CO. v. UTICA FIRST INS. CO.

11767N. 655687/16.

185 A.D.3d 435 (2020)

124 N.Y.S.3d 783

2020 NY Slip Op 03752

Valiant Insurance Company, Appellant, v. Utica First Insurance Company, Respondent.

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

Decided July 2, 2020.


Defendant's July 25, 2014 disclaimer of coverage to its insured, with copies to the additional insureds, was timely made within two days of defendant's initial receipt of notice of tender for a defense and indemnity (see generally Insurance Law § 3420[d][2]). While the disclaimer was addressed directly to its insured, it clearly stated that specified exclusions in the policy, and particularly the employee exclusion, precluded any coverage to its insured or the...

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