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BADIO v. LIBERTY MUTUAL FIRE INSURANCE COMPANY

12 A.D.3d 229 (2004)

785 N.Y.S.2d 52

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.

November 16, 2004.

The insurer has the burden of proving the validity of its timely cancellation of an insurance policy (see Lehrer McGovern Bovis v Public Serv. Mut. Ins. Co., 268 A.D.2d 388 [2000], lv dismissed 94 N.Y.2d 944 [2000]). An insurer is entitled to a presumption that a cancellation notice was received when "the proof exhibits an office practice and procedure followed by the insurers in the regular course of their business, which...

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