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COLON v. NATIONWIDE MUT. FIRE INS. CO.

211 A.D.2d 579 (1995)

621 N.Y.S.2d 608

Cesar Colon et al., Respondents, v. Nationwide Mutual Fire Insurance Co., Appellant, and Bank of New York et al., Respondents

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

January 26, 1995

As the Judicial Hearing Officer found, Nationwide failed to sufficiently demonstrate that it mailed a cancellation notice to plaintiffs. Both plaintiffs and ARCS Mortgage Inc. deny ever having received the cancellation notices that Nationwide allegedly mailed to them, and while Nationwide presented an employee/witness (with no personal knowledge of the instant alleged mailings) who testified as to the usual procedure for mailing...

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