Why Trust This Analysis
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Policy cancellation disputes in New York’s no-fault insurance system often hinge on technical compliance with statutory requirements. Insurance companies must follow specific procedures when canceling coverage, including precise formatting and notification standards under Vehicle and Traffic Law § 313. However, courts have established clear guidelines about who bears the burden of proving whether these procedural requirements were met.
Understanding the burden of proof in New York no-fault insurance law cancellation cases is crucial for both providers and insurers. When an insurance company claims it properly canceled a policy, the legal framework creates a structured approach to evaluating these disputes that can significantly impact the outcome of coverage claims.
Jason Tenenbaum’s Analysis:
Queens Med. Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 51060(U)(App. Term 2d Dept. 2012)
I am going to guess that the bolded language refers to those cases where the defendant hires a professional typesetter who will testify that the cancellation was not in Times 14 font?
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Once the insurance company makes a prima facie showing that it had timely and validly cancelled the policy in compliance with Vehicle and Traffic Law § 313, the burden shifts to the party claiming coverage to establish noncompliance with the statutory requirements as to form and procedure”
Key Takeaway
This decision establishes that once an insurer demonstrates basic compliance with cancellation procedures, the burden shifts to the party seeking coverage to prove specific procedural defects. This burden-shifting framework means providers must present concrete evidence of formatting or procedural violations rather than simply challenging the insurer’s cancellation notice.
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Legal Update (February 2026): Since this post’s publication in 2012, Vehicle and Traffic Law § 313 and related no-fault insurance cancellation procedures may have been subject to regulatory amendments or judicial interpretations that could affect burden of proof standards and procedural requirements. Additionally, Insurance Law § 5106 provisions governing no-fault benefits and related cancellation disputes may have undergone updates. Practitioners should verify current statutory language and recent case law developments when handling policy cancellation matters.
Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a no-fault matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
