In Republic Franklin Insurance Company v. Pistilli, 16 AD3d 477 [2nd Dept 2005], the Court stated the obligation to provide prompt notice under Insurance Law 3420(d) (for a disclaimer of insurance) is triggered when the insurer has a reasonable basis upon which to disclaim coverage, and this obligation cannot be delayed indefinitely until all issues of fact regarding the insurer's coverage obligations are resolved. The Court further stated that "If in doubt, the insurer should have promptly issued a prompt disclaimer and then seek a declaratory judgment concerning its duty to defendant or indemnify, rather than seeking a judgment in lieu of issuing a disclaimer. Further, the insurer had a reasonable basis upon which to disclaim coverage when it was first informed by the alleged indemnitor of the underlying action."