Our New York readers may be interested in the Appellate Division’s ruling today on late notice disclaimers. New York’s Appellate Division ruled in AIU Ins. Co. v. Veras, ___ A.D.3d ___, Slip Op. at 136 (1st Dept. Apr. 24, 2012), that an insurer’s late notice disclaimer was untimely under N.Y. Ins. L. 3420(d) because the insurer had waited 15 days to send out a disclaimer after completing its late notice investigation. Notably, the insurer’s investigation had been brief, lasting less than two weeks after the insurer received notice of a car accident that had occurred nearly four years before. Nonetheless, the Appellate Division held that the trial court properly applied Section 3420(d) in ruling that the disclaimer was untimely.
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- Sedgwick LLP
- William J. Brennan
- USA
- April 24 2012
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Dr Jürgen Fegbeutel
Legal Services Director
BMW (South Africa) (Pty) Ltd
