HOUSTON CAS. CO. v. CAVAN CORP. OF NY, INC.

Index Nos. 651981/14, 595609/14, 595182/17. Appeal No. 13335N. Case No. 2019-5512N.

192 A.D.3d 480 (2021)

139 N.Y.S.3d 834

2021 NY Slip Op 01483

Houston Casualty Company, Respondent, v. Cavan Corporation of NY, Inc., Defendant, and New Puck, LLC, et al., Appellants. (And Other Third-Party Actions.)

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

Decided March 11, 2021.


Attorney(s) appearing for the Case

Ahmuty, Demers & McManus, Albertson ( Glenn A. Kaminska of counsel), for appellants.

DLA Piper LLP (US), New York ( Aidan M. McCormack of counsel), forHouston Casualty Company, respondent.

Concur—Webber, J.P., Kern, Scarpulla, Mendez, JJ.


The motion court correctly rejected the Puck defendants' argument that they are entitled to a declaration that plaintiff must defend and indemnify them in the underlying action because plaintiff's notice of disclaimer was untimely pursuant to Insurance Law § 3420(d). The Puck defendants are attempting to use Insurance Law § 3420(d) as a "technical trap that would allow [them] to obtain more than the coverage contracted...

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