Legal Opinion
McEachron v. State Farm Insurance
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 2002PublishedCited by 5 opinions
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Malone, Jr., J.), entered October 9, 2001 in Albany County, which denied defendant’s motion for summary judgment dismissing the complaint.
This case again presents for resolution the now familiar issue concerning the timeliness of an insurer’s disclaimer of underinsured motorist coverage. Insurance Law § 3420 (d) requires an insurer to provide a written disclaimer “as soon as is reasonably possible.” Reasonableness of delay is measured from the time when the insurer learns of sufficient facts upon which to base the disclaimer (see, Crowningshield v…
2Cases cited4 opinions
- Mohawk Minden Insurance v. FerryAppellate Division of the Supreme Court of the State of New York · 1998
- Hess v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
- Crowningshield v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
- North Country Insurance v. TuckerAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by5 opinions
- U.S. Underwriters Insurance v. CarsonAppellate Division of the Supreme Court of the State of New York · 2008
- McEachron v. State Farm InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Vermont Mutual Insurance v. Mowery Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Vermont Mutual Insurance v. Mowery Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- VermontMutualInsuranceCompany,Inc.vMoweryConstruction,Inc.Appellate Division of the Supreme Court of the State of New York · 2014