BERRIOS v. LUMBERMENS MUT. CAS. CO.


162 A.D.2d 365 (1990)

Ariel Berrios, Respondent, v. Lumbermens Mutual Casualty Company et al., Appellants, and Hanover Insurance Company et al., Respondents

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

June 26, 1990


While the burden of proving a valid cancellation is on the insurance company which disclaims coverage, once a notice of termination is offered the burden shifts to the party disputing the cancellation to establish noncompliance with the statute as to form and procedure. The notice of termination by defendant Hanover Insurance Company of the subject policy met all of the requirements of Vehicle and Traffic Law § 313 (1) (a). Although Hanover could not produce a size facsimile...

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