MATTER OF SMITH v. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORP.


74 A.D.2d 639 (1980)

In the Matter of Eleanor Smith, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant

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

February 25, 1980


Order reversed, on the law, without costs or disbursements, and application denied.

Special Term erred in directing MVAIC to accept petitioner's notice of claim pursuant to subdivision (c) of section 608 of the Insurance Law. That provision, dealing with a disclaimer of coverage by an insurer, does not apply where, as here, the insurer had canceled its coverage prior to the date of the accident (see Matter of Christian v MVAIC, 37 A.D.2d 567...

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