Ultimate Health Prods., Inc. v Hereford Ins. Co., 2016 NY Slip Op 50367(U)(App. Term 2d Dept. 2016)
“Contrary to plaintiff’s contention, a lack of coverage defense may be raised without regard to any issue as to the propriety or timeliness of an insurer’s denial of claim form (see Zappone v Home Ins. Co., 55 NY2d 131, 135-136  [lack of coverage defense is not precluded]; see also Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195 ). The papers submitted by defendant in support of its cross motion were sufficient to establish that the policy being sued upon was a workers’ compensation insurance policy which did not cover plaintiff’s claim to receive reimbursement of assigned first-party no-fault benefits. As plaintiff failed to demonstrate the existence of an applicable automobile insurance policy issued by defendant or to otherwise raise a triable issue of fact in opposition to defendant’s cross motion, the order is affirmed.”
It is always interesting seeing cited to insurance companies and entities that do not exist. What happened to Home Ins Co.? Central General in Plainview, New York have been part of North Shore/LIJ for about 20 years.