This Court addressed the less than stellar argument that Unitrin was overruled by Mercury v. Encare – which in turn will be overturned through the new regulation. This Supreme Court Justice was just not on board with the argument.
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BUT SEE Compas Med., P.C. v Farm Family Cas. Ins. Co. 2013 NY Slip Op 50254(U)
Late denial for EUO no show precludes defense of EUO no show.