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Claim rep affidavit sufficient to prove no insurance in effectSeptember 16, 2016

Compas Med., P.C. v Travelers Ins. Co., 2016 NY Slip Op 51247(U)(App. Term 2d Dept. 2016)

“In support of its motion, defendant submitted affidavits by its claim litigation representative and products specialist, which affidavits established that the vehicle which had been driven by plaintiff’s assignor at the time of the accident on January 18, 2011 was not covered by the insurance policy at issue. Consequently, defendant demonstrated, prima facie, that “the alleged injur[ies] do[] not arise out of an insured incident”

I recall some older cases that made it a point to stress that affidavits and testimony regarding coverage and mailing of the cancellation letters must be made by an underwriter.  Currently, I am at a loss to recall those cases.

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