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LEVIN v. INTERCONTINENTAL CAS.

95 N.Y.2d 523 (2000)

742 N.E.2d 109

719 N.Y.S.2d 634

NEIL D. LEVIN, Respondent, v. INTERCONTINENTAL CASUALTY INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided November 30, 2000.

Attorney(s) appearing for the Case

Robert F. Coleman & Associates (Eugene J. Schiltz, of the Illinois Bar, admitted pro hac vice, of counsel), Wolff & Samson, P.A., New York City (Adam P. Friedman of counsel), and Piper Marbury Rudnick & Wolfe, Chicago, Illinois, for appellant.

Marilyn L. Lytle, New York City, Joseph A. DeMauro and Steven R. Harris for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

Insurance Law § 1213 (c) requires an "unauthorized foreign or alien" insurance carrier to post a bond before filing "any pleading" in a proceeding against it. In the case at hand, the carrier, after being sued in Supreme Court, did not interpose an answer but instead moved to dismiss the complaint as time barred and subject to a defense founded upon documentary evidence. Does the carrier's motion constitute a "pleading...

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