Firemen's Fund Insurance v. Hopkins

—In a proceeding pursuant to CPLR article 75 to stay arbitration of an uninsured motorist claim, John Hopkins, Jr., appeals from a judgment of the Supreme Court, Nassau County (O’Shaugnessy, J.), dated June 9, 1993, which granted the petition.

Ordered that the judgment is reversed, on the law, with costs, the petition is dismissed, and the parties are directed to proceed to arbitration.

It is well-settled that an insurance carrier may not disclaim liability if it fails to give the insured timely notice of the disclaimer "as soon as is reasonably possible after it first learns of the accident or…