Opinion
October 15, 1985
Appeal from the Supreme Court, Nassau County (Balletta, J.).
Judgment reversed, on the law, with costs, and petition granted.
Petitioner was under no duty to give written notice of its denial of coverage pursuant to Insurance Law § 167 (8) (now § 3420 [d]) under a policy which did not cover the vehicle involved (Zappone v Home Ins. Co., 55 N.Y.2d 131). In the absence of physical contact, there could be no "hit-and-run automobile" as defined in the New York automobile accident and indemnification indorsement to the policy of insurance issued by petitioner. Accordingly, the claims made by respondents did not involve a covered vehicle and petitioner was under no duty to disclaim coverage (Matter of Prudential Prop. Cas. Ins. Co. [Schwartz], 104 A.D.2d 557). Lazer, J.P., Mangano, Gibbons and Weinstein, JJ., concur.