Opinion
June 10, 1996
Appeal from the Supreme Court, Queens County (Milano, J.).
Ordered that the judgment is reversed, on the law, with costs, and it is adjudged that the subject insurance policy was in effect at the time of the accident.
Vehicle and Traffic Law § 313 specifies the format and content of notices of cancellation of automobile liability insurance policies, and the failure to strictly comply with its provisions invalidates such notices (Barile v. Kavanaugh, 67 N.Y.2d 392, 399; Matter of Liberty Mut. Ins. Co. [Stollerman-Banner Cas. Co.], 50 N.Y.2d 895, affg 70 A.D.2d 643). 15 NYCRR 34.6 (b) requires that the cancellation notice include a specification that suspension of the automobile registration can be avoided by payment of a civil penalty of $6 per day for each day the insurance coverage is not in effect. The notice issued by Aetna Casualty and Surety Company incorrectly indicated that the civil penalty was $4 per day, which was the former applicable rate. Since the regulatory requirements of 15 NYCRR 34.6 are no less mandatory than the statutory requirements of the Vehicle and Traffic Law (Matter of USAA Cas. Ins. Co. v. Belizaire, 154 A.D.2d 603, 604; Matter of Wausau Ins. Co. v. Ramos, 151 A.D.2d 487), we find the purported cancellation to be ineffective (see, Allstate Ins. Co. v. Satchell, 225 A.D.2d 374). Bracken, J.P., Miller, Joy and Krausman, JJ., concur.