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LANCER INSURANCE COMPANY v. T.F.D. BUS CO., INC.

286 A.D.2d 375 (2001)

728 N.Y.S.2d 709

LANCER INSURANCE COMPANY, Respondent, v. T.F.D. BUS CO., INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 13, 2001.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court correctly determined that a triable issue of fact exists as to whether the plaintiff disclaimed coverage of its insured in the underlying action "with reasonable promptness" (Murphy v Hanover Ins. Co., 239 A.D.2d 323, 324; see, State Farm Mut. Auto. Ins. Co. v Clift, 249 A.D.2d 800, 801; Royal Indem...

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