In Central Gen. Hosp. v. Chubb Group of Ins. Cos. (90 NY2d 195) in a decision also by Judge Bellacosa, the Court found that the insurer's untimely disclaimer does not prevent it from raising a defense of lack of coverage premised on an allegation that the injured person's condition was unrelated to the underlying accident. As stated by the Court: "The denial of liability based upon lack of coverage within the insurance agreement, as framed in part by the litigation strategy and nature of the instant dispute, is distinguishable from disclaimer attempts based on a breach of a policy condition." (Central Gen. Hosp. v. Chubb Group, supra, at 199.)