Opinion
July 6, 1995
Appeal from the Supreme Court, New York County (Paula Omansky, J.).
Plaintiff's delay in disclaiming coverage based on the exclusion for vehicles for hire in the subject policy was unreasonable as a matter of law ( see, Hartford Ins. Co. v. County of Nassau, 46 N.Y.2d 1028). Defendants-respondents' complaint in the underlying action, served more than 19 months before plaintiff's notice of disclaimer, and the affidavit from defendant-respondent's physician in the underlying action, served almost a year before plaintiff's notice of disclaimer, were all very clear in describing the vehicle in which defendant-respondent was a passenger as a livery car, and more than adequate to put plaintiff on notice that its insured's original statement to the contrary was probably false and that a disclaimer was all but certain. Under the circumstances, it was unreasonable for plaintiff to await the insured's deposition without taking other, more prompt steps to investigate the question of coverage ( see, Allstate Ins. Co. v. Gross, 27 N.Y.2d 263, 270).
Concur — Sullivan, J.P., Wallach, Williams and Mazzarelli, JJ.