Central General Hospital v. Chubb Group of Insurance Companies

In Central General Hospital v. Chubb Group of Insurance Companies (90 N.Y.2d 195 [1997]) the Court held that a defendant, in a no-fault insurance case, may raise a defense that the injury did not arise from a covered accident, even though the defendant did not pay or deny the claim within 30 calendar days. The Court explained (at 199) "that an insurer, despite its failure to reject a claim within the 30-day period prescribed by Insurance Law 5106 (a) and 11 NYCRR 65.15 (g) (3), may assert a lack of coverage defense premised on the fact or founded belief that the alleged injury does not arise out of an insured incident."