Coverage Disclaimers in New York

New York state is interesting in that when you come across a coverage issue on a bodily injury claim, the courts have established very strict rules regarding time frames in which a carrier can disclaim coverage.

In most cases, the courts have generally looked to see if the disclaimer was issued within 30 days; however, some cases below explain that there is no specific time frame and that it is best for a claims adjuster to be extremely thorough and extremely prompt in their investigation and the issuance of any coverage disclaimers.

  1. Reservation of rights insufficient – Phila. Indem. Ins. Co. v. Yeshivat Beth Hillel of Krasna, Inc.
  2. 13 months too long – The City of N.Y. v. Investors Ins. Co. of Am.
  3. More than 3 months too long – Magistro v. Buttered Bagel, Inc.
  4. Just under 3 months too long – Vista Eng’g Corp. v. Everest Indem. Ins. Co.
  5. 37 days too long – Liberty Mut. Fire Ins. Co. v. Navigators Ins. Co.
  6. 8 days too long – ADD Plumbing, Inc. v. Burlington Ins. Co.  

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