North River Insurance v. Kay-R Electric Corp.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly determined that the reasonableness of the notice of disclaimer served by the North River Insurance Company (North River) on October 24, 1988 presented a factual question to be determined at trial (see, Insurance Law § 3420 [d]; Hartford Ins. Co. v County of Nassau, 46 NY2d 1028, 1030, rearg denied 47 NY2d 951; Allstate Ins. Co. v Gross, 27 NY2d 263, 270). However, even if the notice was timely, the ultimate issue of North River’s obligation to…