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Supreme Court relieves insurer of liability claims after defendants untimely appeared in the action

Nationwide Affinity Insurance Company of America v. Sherry Ann Layne et. al.

Index No. 601765/2017

Supreme Court:  New York- Nassau County

In an action venued in Supreme Court, Nassau County, Allan S. Hollander and Brian E. Kaufman secured a favorable decision that relieved Nationwide’s obligations under the personal injury protection endorsement and liability portion of a policy of insurance.  Nationwide became suspicious when it received applications for No-Fault benefits from two (2) individuals who were not listed on the police accident report for the subject loss.  Nationwide requested Allan conduct the EUOs of both applicants. Based upon the contradicting testimony elicited, along with the failure to provide the documents requested to substantiate the claims, Nationwide denied both No-Fault and liability coverage. Thereafter, Allan commenced a declaratory action in Supreme Court on Nationwide’s behalf. The defendants filed a late answer, which Nationwide rejected and thereafter moved for a default judgment. Upon a review of the written papers submitted, the Court found the defendants lacked both a reasonable excuse for their failure to timely appear and a meritorious defense to the action. As such, Nationwide was relieved of its obligations under both the No-Fault and liability portions of the policy of insurance.

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