NYACK HOSPITAL v. ALLSTATE INSURANCE COMPANY

2012-01542

114 A.D.3d 650 (2014)

979 N.Y.S.2d 835

2014 NY Slip Op 641

NYACK HOSPITAL, as Assignee of Christine M. Haskell, et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided February 5, 2014.


Ordered that the judgment is affirmed, with costs.

By failing to timely contest, at the claims stage, the adequacy of the claim forms used by the plaintiff Richmond University Medical Center, as assignee of Arnold Sealey, to establish proof of claim, the defendant waived its right to rely on any deficiencies in those forms at the litigation stage (see Hospital for Joint Diseases v Travelers Prop. Cas. Ins. Co., ...

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