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PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK v. MARYLAND CAS. CO.

226 A.D.2d 260 (1996)

641 N.Y.S.2d 266

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

Appellate Division of the Supreme Court of the State of New York, First Department.

April 23, 1996

Recent precedent squarely holds that "`preclusion of the insurance company's ability to deny the claim is the appropriate remedy'" where, as here, the insurance company neither denies a claim within 30 days after receiving it nor seeks to extend that time by requesting verification in the prescribed forms (Presbyterian Hosp. v Atlanta Cas. Co., 210 A.D.2d 210, 211 [2d Dept], quoting

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