Opinion
November 30, 1998
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the judgment is reversed, on the law, with costs, the decision dated August 28, 1997, is vacated, and the complaint is dismissed.
Contrary to the conclusion reached by the Supreme Court, the defendant, GEICO General Insurance Company (hereinafter GEICO), was not required to provide its insured, Anthony Badagliacca, the father of the plaintiff Theresa Badagliacca, with 45 days notice of non-renewal, nor was it required to file a notice of termination with the Department of Motor Vehicles. Vehicle and Traffic Law § 313 Veh. Traf. (1) (a), which requires that the insurer give a 45-day "written notice of its intention not to renew", is not applicable here. GEICO sent, Badagliacca a renewal quotation that Badagliacca failed to accept when he failed to pay his first renewal premium ( see, Matter of Hanover Ins. Co. [Velez], 207 A.D.2d 663). Filing of the notice of termination was also not required since the subject policy had been in force for more than six months ( see, Vehicle and Traffic Law § 313 Veh. Traf. [2] [a]; 15 NYCRR 34.1 [d] [4]; 15 NYCRR 34.2 [k], [r]; see also, Matter of State Farm Mut. Auto. Ins. Co. v. Severe, 210 A.D.2d 488; Lloyd v. Government Empls. Ins. Co., 204 A.D.2d 407).
GEICO's remaining contentions are without merit.
Rosenblatt, J. P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.