ETKIND, P.C. v. ALLSTATE INS.


124 Misc.2d 779 (1984)

Irving M. Etkind, M. D., P. C., As Assignee of Anastasios Tsaousidis, Plaintiff, v. Allstate Insurance Company, Defendant.

Civil Court of the City of New York, Special Term, New York County.

July 9, 1984


Attorney(s) appearing for the Case

McCarthy & Marshall for defendant. Budin, Budin & Budin for plaintiff.


EDWARD H. LEHNER, J.

The issue in this case is whether an insurer's failure to issue a timely denial of claim pursuant to the regulations of the New York State Insurance Department bars the insurer from denying coverage in an action for recovery of no-fault benefits.

The facts appear from the moving papers as follows: On July 18, 1980, Anastasios Tsaousidis was injured in an automobile accident involving a vehicle allegedly insured by defendant...

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