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MATTER OF AUTO ONE INSURANCE COMPANY v. FORRESTER

2010-00083.

78 A.D.3d 1174 (2010)

911 N.Y.S.2d 660

In the Matter of AUTO ONE INSURANCE COMPANY, Appellant, v. ROGER C. FORRESTER et al., Respondents, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

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

Decided November 30, 2010.

Ordered that the order is affirmed, with costs.

While the initial burden of demonstrating a valid cancellation of an insurance policy is on the insurance company which disclaims coverage, once that insurance company makes a prima facie showing that it timely and validly cancelled coverage, the burden shifts to the party disputing coverage to establish noncompliance with statutory cancellation requirements as to form and procedure (see GEICO Indem. v Roth,&...

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