Mendoza v American Country Ins. Co.
2005 NYSlipOp 05432
June 28, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 24, 2005


Cesar Mendoza, Respondent,
v
American Country Insurance Company, Appellant.

[*1]

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 NY2d 1028, 1029 [1979]). We have considered defendant's remaining contentions and find them unavailing. Concur—Tom, J.P., Andrias, Ellerin, Nardelli and Sweeny, JJ.