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.