• Appellate Court Tightens Late Disclaimer Rule and Finds Against Insurer
  • January 24, 2012
  • Law Firm: Hiscock Barclay LLP - Syracuse Office
  • On January 17, 2012, the New York State Appellate Division, First Department, issued a lengthy decision ruling that an excess insurer must disclaim coverage “as soon as is reasonably possible” and may not rely on a reservation of rights to conduct an investigation into other possible grounds for disclaimer or coverage. Campbell Painting v. National Union Fire Insurance Company of Pittsburgh, 2012 NY Slip Op. 00254 (1st Dep’t 2012). In doing so, the Court specifically overruled its own prior decision in DiGuglielmo v. Travelers Property & Casualty Co., 6 A.D.3d 344 (1st Dep’t 2004), leave denied, 3 N.Y.3d 608 (2004).