MENDOZA v. AMERICAN COUNTRY INSURANCE COMPANY (2005)

Supreme Court, Appellate Division, First Department, New York.

Cesar MENDOZA, Plaintiff-Respondent, v. AMERICAN COUNTRY INSURANCE COMPANY, Defendant-Appellant.

Decided: June 28, 2005

TOM, J.P., ANDRIAS, ELLERIN, NARDELLI, SWEENY, JJ.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Judith Zuckerman Frantz of counsel), for appellant. Jeffrey A. Berson, New York, for respondent.

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered June 8, 2004, which, in an action pursuant to Insurance Law § 3420(a) (2), granted plaintiff's motion for summary judgment insofar as to direct that defendant insurer pay plaintiff proceeds of $100,000 under the subject liability policy, unanimously affirmed, without costs.

Defendant's unexplained delay in disclaiming coverage for six months after having been notified of the lawsuit against its insured was untimely, and thus ineffective (see Insurance Law § 3420[d]; Hartford Ins. Co. v. County of Nassau, 46 N.Y.2d 1028, 1029, 416 N.Y.S.2d 539, 389 N.E.2d 1061 [1979] ). We have considered defendant's remaining contentions and find them unavailing.

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