Argentina v. Otsego Mutual Fire Insurance

—In an action pursuant to Insurance Law § 3420 (a) (2) to recover from the defendant for a default judgment obtained against its insureds, the defendant appeals from an order of the Supreme Court, Richmond County (Cusick, J.), dated September 12, 1991, which, after a hearing, granted the plaintiffs’ cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

An insured’s good faith belief in nonliability, when reasonable under the circumstances, may excuse a delay in notifying his insurer of an accident (see, Winstead v Uniondale Union Free School Dist., 170 AD2d 500,…