Fisco v. Provident Washington Insurance

—In an action pursuant to Insurance Law § 3420 (b) to recover the amount of a judgment obtained against the defendant’s insured, the plaintiff appeals from an order of the Supreme Court, Rungs County (Steinhardt, J.), dated December 7, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The plaintiff argues that the defendant insurer had a duty to provide him with notice of its disclaimer. Further, since the defendant failed to serve the…