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MOUNT SINAI v. TRIBORO COACH

263 A.D.2d 11 (1999)

699 N.Y.S.2d 77

MOUNT SINAI HOSPITAL, as Assignee of MARIA FIGUERDOV, Respondent, v. TRIBORO COACH, INCORPORATED, Appellant.

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

November 29, 1999.

Attorney(s) appearing for the Case

Jerome Cooper, East Norwich (Bertram Herman of counsel), for appellant.

Joseph Henig, P. C., Bellmore (Mark Green of counsel), for respondent.

JOY, J. P., SCHMIDT and SMITH, JJ., concur.

OPINION OF THE COURT

FRIEDMANN, J.

In this case we are called upon to determine how an insurer, following an untimely disclaimer of coverage, must proceed in order to be allowed to defend against a hospital's no-fault claim on the ground that the injuries for which the patient was treated did not arise out of an insured incident (Insurance Law § 5106; 11 NYCRR 65.15 [g] [3]; see, Central Gen. Hosp. v Chubb Group of Ins. Cos.,

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