Mount Sinai Hospital v. Triboro Coach, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedmann, J.
In this case we are called upon to determine how an insurer, following an untimely disclaimer of coverage, must proceed in order to be allowed to defend against a hospital’s no-fault claim on the ground that the injuries for which the patient was treated did not arise out of an insured incident (Insurance Law § 5106; 11 NYCRR 65.15 [g] [3]; see, Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199).
THE FACTS
On January 3, 1997, 33-year-old Maria Figuerdov was injured when the bus in which she was a passenger was involved in an accident. The bus was…
2Cases cited15 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- Fireman's Fund Insurance v. FredaAppellate Division of the Supreme Court of the State of New York · 1989
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