Insurance Law § 3420 (d) is inapplicable to insurance claims not based on "death or bodily injury" (Inc. Vil. of Pleasantville v. Calvert Ins. Co., 204 A.D.2d 689, 690; Kamyr, Inc. v. St. Paul Surplus Lines Ins. Co., 152 A.D.2d 62, 67). The underlying judgment which plaintiff seeks to require defendant insurer to satisfy is for economic injury allegedly arising from misfeasance, consisting of notarizing a forged power of attorney, an employee of a company that was the named insured under an "errors and omissions" policy issued by defendant insurer. Clearly, plaintiff's claim is not related to any "death or bodily injury" within the scope of Insurance Law § 3420 (d) and it was error for the motion court to grant plaintiff summary judgment.
Under the common-law rule, delay in giving notice of disclaimer of coverage, even if unreasonable, will not estop the insurer to disclaim unless the insured has suffered prejudice from the delay (O'Dowd v. Am. Sur. Co. of New York, 3 N.Y.2d 347, 355 Inc. Vil. of Pleasantville 204 A.D.2d supra, at 690 Kamyr, Inc., 152 A.D.2d, supra, at 67). Here, defendant insurer unreasonably delayed in disclaiming coverage of the insured judgment-debtor. However, plaintiff makes no showing of any prejudice to the insured resulting from such delay.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.