Presbyterian Hospital in the City of New York, as Assignee of Karen DeGuisto, Respondent v. Maryland Casualty…

Summary

The New York Court of Appeals affirmed the lower courts, holding that Maryland Casualty was precluded from asserting an intoxication exclusion because it failed to deny the no‑fault claim within the statutory 30‑day period and did not timely request verification using the prescribed forms. The Court rejected the insurer’s argument that verification requests tolled the deadline and affirmed that preclusion is an appropriate remedy. Justice Wesley dissented, arguing that preclusion should not apply to untimely denials of no‑fault claims.