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MATTER OF PARAMOUNT INS. CO. v. MOCTEZUMA

201 A.D.2d 652 (1994)

608 N.Y.S.2d 276

In the Matter of Paramount Insurance Company, Appellant, v. Xiomara Moctezuma et al., Respondents

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

February 22, 1994

Ordered that the judgment is reversed, on the law, with costs, and the application is granted.

When, as here, the issue concerns cancellation of an automotive insurance policy issued under an assigned risk plan for failure to pay the premiums, the insurer, in this case State Farm Mutual Automobile Insurance Company (hereinafter State Farm), must prove the mailing of both a final bill and a notice of cancellation (see...

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