All City Insurance v. Pioneer Insurance

Order and judgment (one paper), Supreme Court, New York County (Edward Lehner, J.), entered July 19, 1992, which, inter alia, granted the individual plaintiffs’ cross motion for summary judgment declaring that defendant Pioneer Insurance Company is required to defend them in an underlying tort action, unanimously affirmed with costs.

Although the individual plaintiffs’ liability in the underlying tort action is not alleged beyond 1987, defendant insurer did not disclaim as to them until March 1991, a delay which estops it from disclaiming coverage (Insurance Law § 3420 [d]), regardless of…