Loeffler v. Sirius America Insurance

*1173The plaintiff, who allegedly was injured in a constmction accident, obtained a judgment in his ensuing personal injury action against, among others, M & M Interior Craftsman, Inc. (hereinafter M & M). The plaintiff thereafter commenced this action pursuant to Insurance Law § 3420, against, among others, M & M’s insurance carrier, Ohio Casualty Group (hereinafter the defendant), to collect the amount of the unsatisfied judgment.

The defendant asserts that it validly disclaimed coverage based upon the alleged failure of the plaintiff and M & M to give timely notice. “[W]hen an insurer disclaims…