From Casetext: Smarter Legal Research

Matter of Allcity Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1991
171 A.D.2d 524 (N.Y. App. Div. 1991)

Opinion

March 19, 1991

Appeal from the Supreme Court, New York County (William J. Davis, J.).


State Farm, as a servicing carrier for the New Jersey Automobile Full Insurance Underwriting Association ("JUA"), was properly named as a party in the underlying proceeding to establish the validity of the cancellation of an insurance policy issued to a New Jersey insured who had been involved in a New York motor vehicle accident. It is undisputed that State Farm had issued both the policy and the cancellation thereof, and that State Farm was a named party for the purpose of establishing insurance coverage only, rather than for determining liability or damages against the alleged insured. The police accident report, indicating that the registered New Jersey driver was insured by State Farm, and the finding by the IAS Court that the purported cancellation of the motor vehicle liability policy by State Farm did not comply with the relevant notice provisions of New York State Vehicle and Traffic Law § 313 or New Jersey Statutes Annotated § 17:29 C-1, shifted the burden of proof to State Farm to establish its affirmative defense that the insurance policy had been properly and effectively cancelled prior to the date of the accident. (Matter of Eagle Ins. Co. v Olephant, 81 A.D.2d 886; Viuker v Allstate Ins. Co., 70 A.D.2d 295, 299.)

We have considered the remaining contentions raised on appeal and find them to be without merit.

Concur — Milonas, J.P., Asch, Kassal and Rubin, JJ.


Summaries of

Matter of Allcity Insurance Company

Appellate Division of the Supreme Court of New York, First Department
Mar 19, 1991
171 A.D.2d 524 (N.Y. App. Div. 1991)
Case details for

Matter of Allcity Insurance Company

Case Details

Full title:In the Matter of the Arbitration between ALLCITY INSURANCE COMPANY…

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

Date published: Mar 19, 1991

Citations

171 A.D.2d 524 (N.Y. App. Div. 1991)
567 N.Y.S.2d 428