Montefiore Medical Center v. Liberty Mutual Insurance Company

• Court: New York Supreme Court — Appellate Division
• Citation: Montefiore Medical Center v. Liberty Mutual Insurance Company, 31 A.D.3d 724, 818 N.Y.S.2d 464, 2006 NY Slip Op 5925 (N.Y. App. Div. 2006)
• Decision Date: 25 July 2006
• Docket Number: 2005-10878.
• Parties: MONTEFIORE MEDICAL CENTER et al., Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

31 A.D.3d 724

818 N.Y.S.2d 464

2006 NY Slip Op 05925

MONTEFIORE MEDICAL CENTER et al., Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

2005-10878.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 25, 2006.

In an action to recover no-fault benefits, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Mahon, J.), dated October 3, 2005, as, upon renewal, adhered to so much of a prior determination in an order of the same court dated July 15, 2004, as denied that branch of their motion which was made on behalf of the plaintiff Montefiore Medical Center for summary judgment on the first cause of action, asserted on behalf of the plaintiff Montefiore Medical Center, and granted the defendant's cross motion dismissing that cause of action.

Ordered that the appeal by the plaintiffs Hospital for Joint Diseases and Mary Immaculate Hospital is dismissed, without costs or disbursements, as they are not aggrieved by the order; and it is further,

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court correctly determined that the defendant, Liberty Mutual Insurance Company, established a meritorious defense to the first cause of action. The defendant established that it had cancelled the policy of insurance covering the subject vehicle before the date of the accident. It is well settled that no notice of disclaimer is required where the policy does not provide coverage for the claim, nor do principles of waiver or estoppel preclude the insurer from denying coverage in this...