MATTER OF ALLCITY INS. CO.


212 A.D.2d 482 (1995)

624 N.Y.S.2d 802

In the Matter of the Arbitration between Allcity Insurance Company, Appellant, and Khaled Warda et al., Respondents

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

February 23, 1995


Assuming petitioner's proof was sufficient to demonstrate that the offending vehicle was insured by respondent American Casualty Company, the balance of the evidence submitted on petitioner's direct case, consisting of a Department of Motor Vehicles DP37 form indicating effective cancellation of the policy four days before the accident, and the testimony of respondent's underwriting consultant that the policy was cancelled effective December 1, 1992 for non-payment of the...

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