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United States Fire Insurance v. Leisure Rinks Southtown, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 972 (N.Y. App. Div. 1990)

Opinion

March 16, 1990

Appeal from the Supreme Court, Erie County, Flaherty, J.

Present — Denman, J.P., Pine, Lawton, Davis and Lowery, JJ.


Order, insofar as appealed from, unanimously modified on the law and as modified affirmed with costs, in accordance with the following memorandum: In this declaratory judgment action, we agree with the court's conclusion that plaintiff's disclaimer of coverage was untimely as a matter of law (Insurance Law § 3420 [d]; Hartford Ins. Co. v County of Nassau, 46 N.Y.2d 1028, 1029, rearg denied 47 N.Y.2d 951; New York Cent. Mut. Fire Ins. Co. v Markowitz, 147 A.D.2d 461, 462; Cassara v Nationwide Mut. Ins. Co., 144 A.D.2d 974; Progressive Cas. Ins. Co. v Conklin, 123 A.D.2d 6, 8-9; Hartford Acc. Indem. Co. v J.J. Wicks, Inc., 104 A.D.2d 289, 293, appeal dismissed 65 N.Y.2d 691; Zook v Hartford Acc. Indem. Co., 64 A.D.2d 701, 702). We nonetheless modify in order to declare the rights of the parties (Lanza v Wagner, 11 N.Y.2d 317, 334, appeal dismissed 371 U.S. 74, cert denied 371 U.S. 901). Plaintiff is obligated to defend and indemnify defendant Leisure Rinks in the underlying action.


Summaries of

United States Fire Insurance v. Leisure Rinks Southtown, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 972 (N.Y. App. Div. 1990)
Case details for

United States Fire Insurance v. Leisure Rinks Southtown, Inc.

Case Details

Full title:UNITED STATES FIRE INSURANCE COMPANY, Appellant, v. LEISURE RINKS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 16, 1990

Citations

159 A.D.2d 972 (N.Y. App. Div. 1990)

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