0 Replies Latest reply: Feb 7, 2018 7:45 AM by Andrew Horn

Court rejects exhaustion defense raised post-judgment

Andrew Horn
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In Breeze Acupuncture, P.C. v Allstate Ins. Co. (2018 NY Slip Op 50138(U)), the insurer sought to modify a judgment to "zero on grounds that (the) insured exhausted no-fault the limits of the relevant policy." The court found that Allstate waived the defense because it had known that the policy had been exhausted but did not raise it until after the judgment was entered, and in any event failed to establish the policy limits.