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CAPRINO v. NATIONWIDE MUT. INS. CO.

34 A.D.2d 522 (1970)

Michael Caprino, Appellant, v. Nationwide Mutual Insurance Co., Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 12, 1970

Judgment entered September 26, 1968, as amended November 27, 1968, declaring valid respondent's cancellation of plaintiff's automobile liability insurance policy, reversed on the law and the facts, with $50 costs and disbursements to the appellants, and a new trial directed.

The burden of establishing the mailing of the notice of cancellation was on the insurer. (De Persia v. Merchants Mut. Cas. Co., 268 App. Div. 176, affd. 294 N.Y. 708; Crown Point Iron...

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