New York Court of Appeals
In the Matter of Worcester Insurance Company, Respondent v. Thomas Bettenhauser, Appellant
June 20, 200095 N.Y.2d 185
Summary
The Court held that Worcester Insurance must have timely denied coverage under Insurance Law § 3420(d) because Bettenhauser’s claim fell within the policy’s coverage but was subject to an exclusion; the insurer’s failure to do so precludes reliance on the exclusion and the stay of arbitration is reversed.