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IN THE MATTER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, petitioner-respondent, v. LOU COOPER, ET AL., respondents-respondents, ZURICH INSURANCE COMPANY, appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The appellant, Zurich Insurance Company (hereinafter Zurich), disclaimed coverage of the injured party, Lou Cooper, on the ground, inter alia, that Cooper failed to give it timely notice of his underlying negligence action. It is well settled that to disclaim coverage for bodily injuries, an insurer must give written notice as soon as reasonably possible of such disclaimer to the injured party or any other claimant, as well as the insured, and such notice must properly apprise the injured party or claimant, with a high degree of specificity, of the ground or grounds on which the disclaimer is predicated (see Insurance Law § 3420[d]; General Acc. Ins. Group v. Cirucci, 46 N.Y.2d 862; Matter of State Farm Mut. Auto. Ins. Co. v. Joseph, 287 A.D.2d 724). Further, in order for a disclaimer letter to be valid against an injured party, the notice of disclaimer must specifically advise the claimant that his or her notice of claim was untimely (see Matter of State Farm Mut. Auto. Ins. Co. v. Joseph, supra; Hazen v. Otsego Mut. Fire Ins. Co., 286 A.D.2d 708). Here, the Supreme Court properly determined that Zurich's disclaimer was invalid as to Cooper, because the letter sent to the insured, the defendant Nazir Butt, disclaimed coverage based upon Butt's failure to timely notify Zurich of the lawsuit, not Cooper's failure to give timely notice (see General Acc. Ins. Group v. Cirucci, supra; Matter of State Farm Mut. Auto. Ins. Co. v. McGovern, 283 A.D.2d 582). Thus, the Supreme Court properly determined that Zurich's disclaimer of coverage was invalid, granted the petition, and permanently stayed the arbitration.

SMITH, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.

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IN RE STATE FARM MUTUAL AUTOMOBILE v. COOPER
(Mar 3, 2003)