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Coverage Disclaimer May Not Await Investigation of Other Defenses

In <i>George Campbell Painting v. National Union Fire Ins. Co. of Pittsburgh, PA</i>, the New York Supreme Court, Appellate Division, First Department ruled that because an insurer had sufficient knowledge of a late notice defense nearly four months before it provided a written disclaimer to the insured, the disclaimer was ineffective as a matter of law.

16 minute read September 27, 2012 at 11:00 AM
By
Richard J. Geddes and Sarah Champion
Coverage Disclaimer May Not Await Investigation of Other Defenses

New York Insurance Law ' 3420(d) requires certain liability insurers to provide written notice of disclaimer of a personal injury claim “as soon as is reasonably possible.”

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