Publications
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Second Circuit finds that New York notice requirements inapplicable to disclaimers based on coverage grant of the policy
March 2010
Where an insurer's disclaimer of coverage is not based on a policy exclusion, but rather on the basis that no coverage exists in the first instance, must the carrier still comply with the stringent notice requirements of New York Insurance Law § 3420(d)(2)? No, said the Second Circuit in its recent ruling in NGM Insurance Company v. Blakely Pumping, Inc.