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CENT GEN HOSP v. CHUBB GROUP

90 N.Y.2d 195 (1997)

681 N.E.2d 413

659 N.Y.S.2d 246

Central General Hospital, as Assignee of Pamela Mandresh, Respondent, v. Chubb Group of Insurance Companies, Also Known as Chubb and Son, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 10, 1997.

Attorney(s) appearing for the Case

Bertram Herman, P. C., East Norwich (Bertram Herman of counsel), for appellant.

Joseph Henig, P. C., Bellmore (Joseph Henig and Gregory Henig of counsel), for respondent.

Bruce Somerstein & Associates, P. C., New York City (Robert Nizewitz of counsel), for Travelers Indemnity Company and another, amici curiae.

Short & Billy, P. C., New York City (Skip Short of counsel), for New York Central Mutual Fire Insurance Company and others, amici curiae.

Chief Judge KAYE and Judges SMITH and CIPARICK concur with Judge BELLACOSA; Judge WESLEY concurs in result in a separate opinion in which Judges TITONE and LEVINE concur.

BELLACOSA, J.

This appeal stems from a lawsuit by Central General Hospital, pursuant to Insurance Law § 5106 (a), to recover no-fault billings from Chubb Group of Insurance Companies for medical services rendered to an allegedly injured motorist. Defendant-appellant insurer, the assignor of its patient's claimed benefits, argues that its untimely disclaimer does not prevent it from raising a defense of lack...

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