We all know that a New York disclaimer must be issued immediately. But how immediate is immediate? In the case of Tower Insurance Company v. NHT Owners LLC, et al., the insured submitted a claim sixty-two days after the occurrence. Thirty-three days after receiving notice of the claim, Tower disclaimed on the basis of late notice. The trial court held that the disclaimer was untimely. An appeal to the First Department resulted. The First Department has now affirmed the trial court decision. In NY, thirty-three days is just too late.
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