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Matter of Eagle Insurance Co. v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1997
245 A.D.2d 563 (N.Y. App. Div. 1997)

Opinion

December 29, 1997

Appeal from the Supreme Court, Nassau County (Dunne, J.).


Ordered that the order is affirmed, without costs or disbursements.

The record indicates that prior to mailing a notice of cancellation to its insured, the respondent Frank Mercado, the respondent insurance carrier Allcity Insurance Company mailed him a bill which was in compliance with Rules of the New York Automobile Insurance Plan § 14 (E) (2) ( see, Eveready Ins. Co. v. Mitchell, 133 A.D.2d 210). Accordingly, the effective cancellation of the policy was demonstrated. The mere fact that the notice of cancellation recited as unpaid an amount which included, inter alia, an installment which had come due after the mailing of the bill, did not render the cancellation ineffective. As the cancellation was effective, the proceedings to stay arbitration were properly dismissed.

Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.


Summaries of

Matter of Eagle Insurance Co. v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1997
245 A.D.2d 563 (N.Y. App. Div. 1997)
Case details for

Matter of Eagle Insurance Co. v. Lopez

Case Details

Full title:In the Matter of EAGLE INSURANCE COMPANY, Appellant, v. HENRY LOPEZ et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 29, 1997

Citations

245 A.D.2d 563 (N.Y. App. Div. 1997)
667 N.Y.S.2d 64