Opinion
April 6, 1998
Appeal from the Supreme Court, Queens County (Satterfield, J.).
Ordered that the appeal of RWP Group, Inc., is held in abeyance pending the disposition of the bankruptcy proceedings initiated by it; and it is further,
Ordered that the order is affirmed insofar as appealed from by the defendant First State Insurance Company, without costs or disbursements.
A notice of cancellation, mailed to the address listed in an insurance policy as being that of the insured, is generally effective, even in the absence of actual receipt (see, e.g., Makawi v. Commercial Union Ins. Co., 244 A.D.2d 533; Pressman v. Warwick Ins. Co., 213 A.D.2d 386). However, this general rule should not apply in a case where an endorsement to the policy is issued, allegedly without the knowledge or consent of the insured or its agent, changing the insured's address to an incorrect address so as to make receipt of actual notice impossible (cf., Bindler v. Brown, 133 A.D.2d 602; see also, Kramnicz v. First Natl. Bank, 32 A.D.2d 1009). Because there are issues of fact as to whether the issuance of "Endorsement Number 4" had been authorized by the insured or received by it, we agree with the Supreme Court that the appellant is not entitled to judgment as a matter of law.
Rosenblatt, J.P., Ritter, Sullivan and Goldstein, JJ., concur.