New York Court of Appeals
Fair Price Med. v. Travelers
June 5, 200810 N.Y.3d 556
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that an insurer's untimely denial does not permit it to assert a fraud defense that the medical supplies were never furnished, because such a defense is not within the narrow lack‑of‑coverage exception and is therefore barred by the preclusion rule.