Opinion
Argued February 23, 2001.
March 19, 2001.
In an action for a judgment declaring that the defendants are obligated to defend and indemnify the plaintiff in an action entitled Nichols v. Abbey Richmond Ambulance Serv., pending in the Supreme Court, Westchester County, under Index No. 6427/96, the defendants appeal from a judgment of the same court (Donovan, J.), entered September 14, 2000, which, inter alia, made the declaration.
Garcia Stallone, Melville, N.Y. (Robert T. Sylvan and Stephen Morello of counsel), for appellants.
Phillip A. Grimaldi, Jr., Harrison, N.Y., for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
"An insured's good faith belief in nonliability, when reasonable under the circumstances, may excuse a delay in notifying his insurer of an accident" (Chimenti v. Allstate Ins. Co., 253 A.D.2d 534; see, Argentina v. Orstego Mut. Fire Ins. Co., 207 A.D.2d 816, affd 86 N.Y.2d 748). The Supreme Court properly found that the plaintiff demonstrated a good faith, reasonable belief in nonliability so as to excuse its eight-month delay in notifying the defendants of the underlying accident. Neither the manner in which the accident occurred, the apparently trivial nature of the injury, nor the medical treatment rendered would have made a prudent person believe that a personal injury claim would be pursued (see, Briggs v. Nationwide Mut. Ins. Co., 176 A.D.2d 1113; cf., New York Cent. Mut. Fire Ins. Co. v. Riley, 234 A.D.2d 279).