Presbyterian Hosp. v. Maryland Cas. Co

In Presbyterian Hosp. v. Maryland Cas. Co. (90 NY2d 274) the Court of Appeals held that where an insurer "neither denied the claim within 30 days after receiving it nor properly sought to extend that time frame by requesting verification, using the prescribed forms, within 10 days after receipt of the hospital's completed application, it failed to comply with its obligation to timely deny or disclaim," and thus would "be precluded from interposing a statutory exclusion defense," i.e., that the insured's intoxication excluded the injuries sustained from coverage. (Presbyterian Hosp. v. Maryland Cas. Co., supra, 90 NY2d, at 281-282.)