Opinion
2335N.
November 25, 2003.
Order, Supreme Court, Bronx County (Janice Bowman, J.), entered September 9, 2002, which, after a hearing, denied petitioner's application to stay the uninsured motorist arbitration between the parties, unanimously affirmed, with costs.
Victor Timoshenko, for Petitioner-Appellant.
Paul J. Israelson, for Respondent-Respondent.
Before: Buckley, P.J., Tom, Ellerin, Lerner, JJ.
Applying the law of New Jersey, where the vehicle was registered and formerly insured (see Government Empls. Ins. Co. v. Sheerin, 65 A.D.2d 10), we find that respondent insurer made a valid offer (including a second notice) to renew the policy it had issued to respondent Perez, the vehicle owner, in accordance with applicable regulations. This offer was not accepted by timely payment of the premium. As a result, the policy lapsed on the expiration date (Lopez v. New Jersey Auto. Full Ins. Underwriting Assn., 239 N.J. Super. 13, 17, 570 A.2d 994, 995, cert denied 122 N.J. 131, 584 A.2d 206), which was prior to the date of the accident. There are no circumstances here supporting petitioner's claim that the termination of the policy was a cancellation, requiring formal notice, rather than a nonrenewal (cf. Miller v. Reis, 189 N.J. Super. 437, 460 A.2d 210).