Genesee Patrons Co-Operative Insurance v. Hopkins

—Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied plaintiff insurer’s motion for summary judgment and granted defendants’ cross motions for summary judgment, declaring that plaintiff must defend and indemnify defendants William J. Hopkins and Michelle Hopkins in the underlying personal injury action commenced against them by defendant Heath Hanes. Plaintiff failed to *994provide a reasonable explanation for its delay of over seven months in disclaiming coverage. Thus, plaintiffs disclaimer was untimely as a matter of law (see, Utica Fire Ins. Co. v Spagnolo, 221…