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PRESBYTERIAN HOSP. IN THE CITY OF NEW YORK v. GEN. ACCIDENT INS. CO. OF AM.

229 A.D.2d 479 (1996)

645 N.Y.S.2d 516

Presbyterian Hospital in the City of New York, Respondent, v. General Accident Insurance Company of America, Appellant

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

July 15, 1996

Ordered that the judgment is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.

The plaintiff, as assignee of an insured, made a timely demand for unpaid no-fault insurance benefits from the defendant insurance company. The defendant issued an untimely partial denial of claim, asserting that all but $9,608.88 of the $50,000.00 coverage limit of the subject policy had been exhausted...

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