The Second Department Case Law Supports Disclaimers Past 30 Days

The Appellate Division, Second Department has recently allowed insurers to disclaim coverage past 30 days after the insurers first learn of grounds for disclaimer or liability or denial of coverage. In New York Mut. Fire Ins. Co. v. Majid, the Court allowed a 31-day delay in disclaiming coverage under an insurance policy exclusion based on the insurer’s investigation of the facts. Similarly, the Court allowed a 49-day delay in disclaiming coverage in New York State Ins. Fund v. Merchants Ins. Co. of N.H., Inc. The lesson to be learned for insureds and insurers is to determine whether the claims adjuster documented the investigation to justify the delay. If so, the Second Department appears to excuse the delay past the 30-day time limiation.

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