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IN THE MATTER OF ALLSTATE INSURANCE COMPANY v. OCHOA

17 Misc.3d 430 (2007)

841 N.Y.S.2d 738

In the Matter of ALLSTATE INSURANCE COMPANY, Petitioner, v. GEORGE OCHOA et al., Respondents.

Supreme Court, Nassau County.

August 27, 2007.

Attorney(s) appearing for the Case

Valdebenito & Ardito, Garden City, for Liberty Mutual Fire Insurance Company and others, respondents.

Martyn, Toher & Martyn, New Hyde Park (Jacqueline R. Sobotta of counsel), for George Ochoa, respondent.

Marshall & Marshall, Jericho (Jeffrey D. Kadushin of counsel), for petitioner.

OPINION OF THE COURT

GEOFFREY J. O'CONNELL, J.

Following a framed issue hearing the court is called upon to determine whether an automobile insurance policy issued by additional respondent Liberty Mutual Insurance Company was effectively cancelled when the notice of cancellation was sent to a deceased insured rather than to the representative of her estate who had notified the insurance company of the death.<...

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