Triangle Transport, Inc. v. Markel Insurance

Order, Supreme Court, New York County (Carol Edmead, J.), entered October 29, 2004, which granted defendant’s motion to vacate the default judgment entered against it, unanimously affirmed, without costs.

It is not contested that defendant insurer has a meritorious defense to this action by its insured alleging wrongful disclaimer. Moreover, defendant has satisfactorily shown a reasonable excuse for its failure to answer the complaint by adducing evidence, in admissible form, demonstrating that although it duly forwarded plaintiffs pleadings to its claims administrator, the pleadings were…