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GROW-KIEWIT-MK-MACLEAN GROVE, Respondent, v. LEXINGTON INS. CO. et al., Appellants, and ARMIHTAGE COMPANY, INC., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

The record supports the IAS Court's finding that appellants were properly notified of the claim. "While all the brokers may have been agents of plaintiff in the placement of the coverage, only Armitage remained plaintiff's broker, while both Avreco, Inc. and C.T. Bowring Co., Inc. acted pursuant to instructions from appellants ( see, Transamerica Interway v Commercial Union Assur. Co., 97 FRD 419, 421). Further, appellants made no showing of prejudice incurred by the alleged delay in notification of the claim ( see, American Home Assur. Co. v International Ins. Co., 219 AD2d 143). The IAS Court properly found that defendants-appellants excess carriers failed to provide timely disclaimer of coverage as required by Insurance Law § 3420 (d) by issuing a disclaimer notice eight months after receiving actual notice of the claim without a justifiable reason for the delay ( see, Hartford Ins. Co. v County of Nassau, 46 NY2d 1028; see also, Zappone v Home Ins. Co., 55 NY2d 131, 135). Moreover, the disclaimer notice was not sent directly to plaintiff insured.

We have considered appellants' remaining arguments and find them to be without merit.

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GROW-KIEWIT-MK-MACLEAN GROVE v. LEXINGTON
(Oct 31, 1996)