Zappone v. Home Insurance

I dissent because I see no reason to fail to give effect to the plain language of subdivision 8 of section 167 of the Insurance Law.

The statute provides that an insurer seeking to disclaim liability or deny coverage for death or bodily injuries arising out of an accident occurring within this State, under a liability policy delivered or issued for delivery in this State, must give written notice of such disclaimer or denial as soon as is reasonably possible. If the insurer fails to meet this requirement, an attempted disclaimer of liability or denial of coverage will not be given effect (see,…