IN RE TRANSPORTATION INSURANCE v. CAFARO

ORDERED that the order is affirmed, with costs.

Contrary to the appellant's contention, Transportation Insurance Company (hereinafter Transportation) validly disclaimed coverage regarding her claim for underinsured motorist benefits. Insurance Law § 3420(d) requires an insurer to give written notice of a disclaimer as soon as is reasonably possible to the insured, the injured person, or any other claimant, when an accident occurs within the State of New York. However, since the accident in this case occurred in Aruba, Insurance Law § 3420(d) is inapplicable (see Brennan v. Liberty Mut. Fire Ins. Co., 204 A.D.2d 675, 676). Accordingly, Transportation was not precluded from disclaiming coverage.

In light of our determination, it is unnecessary to reach the parties' remaining contentions.

FLORIO, J.P., FEUERSTEIN, KRAUSMAN and CRANE, JJ., concur.