MATTER OF AMERICAN HOME ASSURANCE COMPANY v. CHIN


269 A.D.2d 24 (2000)

708 N.Y.S.2d 453

In the Matter of AMERICAN HOME ASSURANCE COMPANY, Respondent, v. KENNETH F. CHIN et al., Respondents, and JOHN DEERE INSURANCE COMPANY, Appellant.

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

May 30, 2000.


Attorney(s) appearing for the Case

Curtis, Vasile, Devine & McElhenny, Merrick (Robert M. Smith of counsel), for appellant.

Samuel K. Rubin, Bethpage (Lawrence R. Miles of counsel), for respondent.

McGINITY, LUCIANO and FEUERSTEIN, JJ., concur.


OPINION OF THE COURT

FRIEDMANN, J. P.

The issue presented for resolution on the instant appeal is whether an automobile liability insurance policy, which is not a "covered policy" within the meaning of Insurance Law § 3425 and which the insurer ineffectively attempted to cancel, remains in effect after its natural expiration date.

The instant proceeding arises out of a four-vehicle collision which occurred on August 7, 1995. The vehicle in which...

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