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Disclaimer after 30 Days Ruled Late

February 5, 2008

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A trial court judge in Nassau County, NY, has ruled that an insurance carrier's disclaimer 30 days after receiving notice of claim is unreasonable as a matter of law. The circumstances were that the excess carrier disclaimed on the basis of late notice and the court ruled that 30 days was an unreasonable delay "where the sole ground on which coverage is disclaimed is obvious from the face of the notice of claim...and there existed no need to conduct an investigation before determining whether to disclaim."

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