First Financial Insurance v. Jetco Contracting Corp.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The United States Court of Appeals for the Second Circuit, by two certified questions, has asked us to clarify whether an insurer’s 48-day delay in notifying a policyholder of denial of coverage is unreasonable as a matter of law under Insurance Law § 3420 (d), where the purpose of the delay is to investigate the existence of other, third-party sources of insurance. The central issue is whether such delay is excusable, even though the existence of alternative sources is not a factor in the insurer’s decision to deny coverage. We conclude that once the…
2Cases cited8 opinions
- Hartford Insurance v. County of NassauNew York Court of Appeals · 1979
- Allstate Insurance v. GrossNew York Court of Appeals · 1970
- In re the Arbitration between Allcity Insurance & JimenezNew York Court of Appeals · 1991
- Nationwide Mutual Insurance v. SteinerAppellate Division of the Supreme Court of the State of New York · 1993
- MATTER OF FIREMEN'S FUND INS. CO. OF NEWARK v. HopkinsNew York Court of Appeals · 1996
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3Cited by177 opinions
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- Bovis Lend Lease LMB, Inc. v. Royal Surplus Lines InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
- Continental Casualty Co. v. StradfordNew York Court of Appeals · 2008
- KeySpan Gas East Corp. v. Munich Reinsurance America, Inc.New York Court of Appeals · 2014
- In Re WorldCom, Inc. Securities LitigationDistrict Court, S.D. New York · 2005
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