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MATTER OF EAGLE INSURANCE COMPANY v. PEGUERO

299 A.D.2d 294 (2002)

750 N.Y.S.2d 601

In the Matter of EAGLE INSURANCE COMPANY, Appellant, v. JOSE A. PEGUERO, Respondent, and INTERBORO MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Respondents.

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

Decided November 26, 2002.

Eagle's argument that the signal word "OVER" in Interboro's notice of cancellation is not printed in at least 12-point type, and that the notice is therefore invalid under Vehicle and Traffic Law § 313, is not supported with expert opinion or other competent evidence of type size (see Matter of Utica Mut. Ins. Co. [Bodie—Nationwide Mut. Ins. Co.], 100 A.D.2d 592). Absent a prima facie showing that the type is less than...

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