It is well established that an insurer will be estopped from disclaiming coverage based on a policy exclusion where it has unreasonably delayed in notifying the insured of its intent to do so (Zappone v. Home Ins. Co., 55 N.Y.2d 131). Here, disclaimer of uninsured motorist benefits on the ground that respondent Lapicola settled with other tortfeasors without petitioner Liberty's consent was raised for the first time in a memorandum of law dated September 6, 1991, well over one year from a date when the insurer had access to sufficient information to alert it to the necessity of disclaiming based upon this particular exclusion in the policy. This delay of over one year in disclaiming was unreasonable as a matter of law (Farmers Fire Ins. Co. v. Brighton, 142 A.D.2d 547, 548).
Concur — Sullivan, J.P., Carro, Kassal and Smith, JJ.