Allstate Insurance v. Macaluso

Order and judgment (one paper), Supreme Court, New York County (Paula Omansky, J.), entered on or about April 1, 1994, which granted defendants-respondents’ motion for summary judgment, and declared that plaintiff insurer is obligated to defend and indemnify defendant insured in an action for personal injuries brought against him by defendants-respondents, unanimously affirmed, with costs.

Plaintiff’s delay in disclaiming coverage based on the exclusion for vehicles for hire in the subject policy was unreasonable as a matter of law (see, Hartford Ins. Co. v County of Nassau, 46 NY2d 1028).…