IN THE MATTER OF ALLSTATE INS. CO. v. HARRIS


57 A.D.3d 232 (2008)

867 N.Y.S.2d 679

In the Matter of ALLSTATE INSURANCE COMPANY, Respondent, v. MARTIN HARRIS et al., Respondents. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Appellant, and VINCENZO MATERIA, et al., Respondents.

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

December 2, 2008.


We decline to reach respondent National Grange Mutual Insurance Company's argument, advanced for the first time on appeal, that an insurer need not file a notice of termination with the Commissioner of the Department of Motor Vehicles after the insured has failed to pay a renewal premium on a policy that had been in force for six months. Were we to consider this argument, we would find it without merit, as it relies on a version of Vehicle and Traffic Law § 313 (2) ...

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