Fair Price Med. Supply Corp. v. Travelers Indem. Co

In Fair Price Med. Supply Corp. v. Travelers Indem. Co. (42 AD3d 277 [2007], affd 10 NY3d 556 [2008]), the Appellate Division explained that "what excuses the insurer's compliance with the 30-day rule in a staged-accident case is not the egregiousness of the fraud; rather, it is the absence of coverage for something that is not an 'accident.' "As noted by the Appellate Division, "the rationale for such a holding is that a deliberate collision that is caused in furtherance of an insurance fraud scheme is simply not an 'accident' covered by the subject insurance policy" (id. at 283).