New York Central Mutual Fire Insurance v. Steiert
Opinion of the Court
In this proceeding, the petitioner New York Central Mutual Fire Insurance Company (hereinafter NYCM) sought to permanently stay arbitration of a claim for supplemental underinsured/uninsured motorist (hereinafter SUM) benefits filed by the respondent Dawn Steiert, under a policy held by her mother. One ground upon which NYCM sought to stay the arbitration was that Steiert failed to comply with a requirement contained in the SUM policy endorsement that she first exhaust the limits of liability under all other insurance policies applicable at the time of the accident. After the accident, Steiert had made a claim for coverage from Kemper Auto and Home Insurance Company (hereinafter Kemper) under a policy held by the additional respondent Erich A. Bohn, the driver’s grandfather, with whom he resided at the time of the accident. Kemper
Contrary to the holding of the Supreme Court, since the basis for Kemper’s disclaimer of coverage was a policy exclusion rather than a lack of coverage, it was under a duty to give notice of its disclaimer “as soon as is reasonably possible” (Insurance Law § 3420 [d] [2]; see Markevics v Liberty Mut. Ins. Co., 97 NY2d 646, 648 [2001]; Matter of Worcester Ins. Co. v Bettenhauser, 95 NY2d 185, 188-189 [2000]; Handelsman v Sea Ins. Co., 85 NY2d 96 [1994]; City of New York v St. Paul Fire & Mar. Ins. Co., 21 AD3d 978, 981 [2005]).
“The timeliness of an insurer’s disclaimer is measured from the point in time when the insurer first learns of the grounds for disclaimer of liability or denial of coverage” (Tex Dev. Co., LLC v Greenwich Ins. Co., 51 AD3d 775, 778 [2008]; see First Fin. Ins. Co. v Jetco Contr. Corp., 1 NY3d 64, 68-69 [2003]). Here, Kemper acquired facts entitling it to disclaim after conducting examinations under oath of Erich A. Bohn and Erich John Bohn on January 2, 2002 triggering its duty to provide prompt notice pursuant to Insurance Law § 3420 (d) (see Matter
Accordingly, the petition to permanently stay arbitration should have been granted. Rivera, J.R, Dillon, Miller and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.