Insurer Disclaimer Delays OK In Some Cases: NY High Court

Law360, New York (February 18, 2014, 1:32 PM EST) -- New York's top court said Tuesday that delays in coverage disclaimers can be reasonable when insurers are working to get squirrelly witnesses to cooperate, reversing lower courts that said Country-Wide Insurance Co.'s delay left it liable for a $2.55 million judgment in an underlying personal injury action.

The unanimous New York State Court of Appeals, noting that such questions must be case-specific, said the insurer was properly attempting to get testimony from the driver of a truck that injured Filippo Gallina, who sued policyholder Preferred Trucking...
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