New York Justice Dismisses Insurance Claim; Insurer Failed To Disclaim Coverage

摘要

A New York justice on April 26 denied an insurer's motion for summary judgment in a declaratory judgment cause of action, saying the insurer did not properly disclaim coverage to its insureds in an underlying lead-based paint exposure suit. The justice further dismissed the insurer's default judgment claim against the lead-based paint claimants as untimely (Tower Insurance Co. of New York v. Metro Property Group LLC, et al. No. 106315/09, N.Y. Sup., New York Co.; 2012 N.Y. Misc. LEXIS 2011).