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First Financial Insurance Co. v. City Wide Window Cleaning Co.

47-day delay in notifying of coverage disclaimer without explanation for delay is unreasonable.

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Judge Cedarbaum

FIRST FINANCIAL INSURANCE CO. v. CITY WIDE WINDOW CLEANING CO. This is a declaratory judgment action in which First Financial Insurance Company seeks a declaration that it owes no insurance coverage to City Wide Window Cleaning Company, its principal Michael Hoszowski, or Darlene Masucci-Matarazzo, a party injured by City Wides negligence. It is undisputed that City Wide failed to comply with the requirement of the policy that it provide timely notice of the occurrence for which coverage is sought. The only issue in this case is whether First Financial disclaimed coverage as soon as reasonably possible, as required by New York Insurance Law §3420(d). The parties have submitted this case for trial on the papers.

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