No new arguments on appeal

Westchester Med. Ctr. v Government Empls. Ins. Co., 2014 NY Slip Op 00500 [2nd Dept. 2014]

The respondent's contention that there was a complete absence of coverage that could be asserted as a basis for disclaimer notwithstanding its failure to comply with the 30-day rule set forth in Insurance Law § 5106(a) and 11 NYCRR 65-3.8(c) (see generally Fair Price Med. Supply Corp. v Travelers Indem. Co., 10 NY3d 556; Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274; Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195; Zappone v Home Ins. Co., 55 NY2d 131), is improperly raised for the first time on appeal, and, therefore, is not properly before this Court.


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