In Solomon v. United States Fidelity & Guaranty Co. , the New York County Supreme Court denied an insurance company's motion to dismiss Solomon's case which alleged a violation of Insurance Law § 3420(d), [1] a statute which requires an insurer to disclaim liability or deny coverage for death or bodily injury "as soon as is reasonably possible."
On appeal, the Appellate Division, First Department, reversed and ended the litigation.
Since the Solomonic claim did not fall within the policy's scope, a disclaimer by the insurer was unnecessary and the timeliness of the insurance company's notice was "irrelevant."
"In the day of prosperity be joyful, but in the day of adversity consider."
To download a copy of the Appellate Division's decision, please use this link: Solomon v. United States Fid. & Guar. Co.
"If under a liability policy delivered or issued for delivery in this state, an insurer shall disclaim liability or deny coverage for death or bodily injury arising out of a motor vehicle accident or any other type of accident occurring within this state, it shall give written notice as soon as is reasonably possible of such disclaimer of liability or denial of coverage to the insured and the injured person or any other claimant."