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BADIO v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

5 A.D.3d 170 (2004)

773 N.Y.S.2d 369

SOEURETTE BADIO, Respondent-Appellant, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Appellant-Respondent, et al., Defendant.

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

March 9, 2004.

We affirm the court's order directing a new trial, but for different reasons. By improperly ruling that Liberty Mutual did not present evidence of its office mailing practice sufficient to establish that the notice of cancellation had been mailed, the court thereby negated any presumption that the notice had been received by plaintiff (see generally Nassau Ins. Co. v Murray, 46 N.Y.2d 828 [1978]). Indeed, Liberty Mutual did present...

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