Legal Opinion
Aetna Casualty & Surety Co. v. Rosen
Appellate Division of the Supreme Court of the State of New York
Decided June 20, 1994PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding to stay arbitration of an uninsured motorist claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated December 9, 1992, which denied the petition and dismissed the proceeding.
Ordered that the order is affirmed, with costs.
It is well settled that an insurance carrier may not disclaim liability if it fails to give the insured timely notice of the disclaimer "as soon as is reasonably possible after it first learns of the accident or grounds for disclaimer of liability or denial of coverage” (Hartford Ins. Co. v County of Nassau, 46…
2Cases cited3 opinions
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Kramer v. Interboro Mutual Indemnity InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- New York Central Mutual Fire Insurance v. MarkowitzAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by5 opinions
- U.S. Underwriters Insurance v. Congregation B'nai IsraelDistrict Court, E.D. New York · 1995
- Blue Ridge Insurance v. JiminezAppellate Division of the Supreme Court of the State of New York · 2004
- Gregorio v. J.M. Dennis Construction Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Prus v. Glencott Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Guri v. Atlanta International InsuranceCivil Court of the City of New York · 1996