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J.T. MAGEN v. HARTFORD FIRE

64 A.D.3d 266 (2009)

879 N.Y.S.2d 100

J.T. MAGEN, Respondent, v. HARTFORD FIRE INSURANCE COMPANY et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 14, 2009.

Attorney(s) appearing for the Case

Lawrence, Worden, Rainis & Bard, P.C., Melville (Roger B. Lawrence and Mary Beth Reilly of counsel), for appellants.

Law Office of James J. Toomey, New York City (Eric P. Tosca of counsel), for respondent.

GONZALEZ, P.J., NARDELLI and MOSKOWITZ, JJ., concur with RENWICK, J.; Tom, J., dissents in a separate opinion.

OPINION OF THE COURT

RENWICK, J.

The issue before us is whether the prompt disclaimer requirement of the Insurance Law is triggered when an insurance carrier receives the notice of claim from another insurance carrier on behalf of a mutual insured asking that the insured be provided a defense and indemnity. In light of the apparent confusion on this issue, we take the opportunity to reiterate and clarify our holding in Bovis Lend Lease LMB, Inc. v Royal...

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