First Financial Ins. Co. v. Jetco Contracting Corp

In First Financial Ins. Co. v. Jetco Contracting Corp., 1 NY3d 64 (2003), the Court of Appeals stated, "On the one hand, we appreciate the desire for a fixed yardstick against which to measure the reasonableness, or unreasonableness, of an insurer's delay...On the other hand, the difficulty with imposing a fixed time period - -which the Legislature scrupulously avoided - - is that most often the question whether a notice of disclaimer has been sent "as soon as is reasonably possible' will be a question of fact, dependent on all of the circumstances of a case that make it reasonable, or unreasonable, for an insurer to investigate coverage..." . (Id. at 70.)