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MATTER OF PROGRESSIVE CLASSIC INSURANCE COMPANY v. KITCHEN

41 A.D.3d 340 (2007)

839 N.Y.S.2d 76

In the Matter of PROGRESSIVE CLASSIC INSURANCE COMPANY, Appellant, v. JASON L. KITCHEN et al., Respondents, and NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided June 28, 2007.

While Central Mutual established that it mailed the two underwriting information request letters required by the New York State Assigned Risk Plan as a condition to cancellation pursuant to Vehicle and Traffic Law § 313 (New York Automobile Insurance Plan Manual § 18 [2] [9] [b] [Apr. 1, 2004 distribution]), it failed to establish that, as required by Vehicle and Traffic Law § 313 (2) (a), it filed a copy of the notice of cancellation with the Department of...

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