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LANCER INSURANCE v. T.F.D. BUS CO
Appellate Division of the Supreme Court of New York, Second Department.
Aug 13, 2001
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ORDERED that the order is affirmed, with one bill of costs.
The Supreme Court correctly determined that a triable issue of fact exists as to whether the plaintiff disclaimed coverage of its insured in the underlying action "with reasonable promptness" (Murphy v. Hanover Ins. Co., 239 A.D.2d 323, 324; see, State Farm Mut. Auto. Ins. Co. v. Clift, 249 A.D.2d 800, 801; Royal Indem. Co. v. Belcer, 242 A.D.2d 899). Therefore, the appellants were properly denied summary judgment.
The appellants' remaining contentions are without merit.
ALTMAN, J.P., FRIEDMANN, SMITH and ADAMS, JJ., concur.
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