Central General Hospital, as Assignee of Pamela Mandresh, Respondent v. Chubb Group of Insurance Companies, Also…

Summary

The New York Court of Appeals reversed the Appellate Division, holding that an insurer’s untimely disclaimer does not bar a defense of lack of coverage in a no‑fault claim under Insurance Law § 5106(a). The court limited the exception to pure coverage defenses and declined to extend it to a claim that the medical treatment was excessive. Justice Wesley concurred, arguing that the exception should also cover an excessiveness defense.