Markevics v. Liberty Mutual Insurance

Santucci, J.,

dissents and votes to reverse the order appealed from in the following memorandum in which Thompson, J., joins: In my opinion, the homeowners’ insurance policy issued by the defendant Liberty Mutual Insurance Company (hereinafter Liberty) was never written or intended to provide dram shop coverage, and thus I vote to reverse.

Pursuant to Insurance Law § 3420 (d), an insurer has an obligation to “give written notice [of its disclaimer] as soon as is reasonably possible * * * to the insured and the injured person or any other claimant.” However, there is no reason for an insurer to…