New York Court of Appeals
Presbyterian Hospital in the City of New York, as Assignee of Karen DeGuisto, Respondent v. Maryland Casualty…
June 10, 199790 N.Y.2d 274
Summary
The Court affirmed summary judgment, holding that Maryland is precluded from asserting an intoxication exclusion defense because it failed to deny the no‑fault claim within the statutory 30‑day period and did not timely request verification via the prescribed forms; the dissent argued that preclusion is not a proper remedy and would have reversed.