Chimenti v. Allstate Insurance

In an action, inter alia, for a judgment declaring the rights of the parties with respect to a certain insurance policy, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Dunn, J.), dated May 27, 1997, which, inter alia, declared that the defendant had no duty to defend or indemnify them under the policy.

Ordered that the judgment is affirmed, with costs.

“An insured’s good faith belief in nonliability, when reasonable under the circumstances, may excuse a delay in notifying his [or her] insurer of an accident” (Argentina v Otsego Mut. Fire Ins. Co., 207 AD2d 816, affd…