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MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. McGOVERN

283 A.D.2d 582 (2001)

724 N.Y.S.2d 904

In the Matter of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent, v. JAMES McGOVERN, Respondent, and AMERICAN TRANSIT INSURANCE COMPANY, Appellant.

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

Decided May 21, 2001.

Ordered that the order is affirmed, with costs.

The appellant, American Transit Insurance Company, sought to disclaim coverage of the injured party on the ground that the injured party failed to timely forward the "suit papers." However, the Supreme Court properly determined that the disclaimer was invalid as to the injured party, as the letter sent to the insured disclaimed coverage based on the insured's failure to timely forward the "suit papers," not the...

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