Optimal Well-Being Chiropractic, P.C. v General Motors Assur. Co., 2014 NY Slip Op 51323(U)(App. Term 2d Dept. 2014)
“In support of its motion, defendant’s investigator stated that, based on the vehicle identification number set forth in the police report of the accident in question, the vehicle at issue was not a covered vehicle under the applicable policy. However, the recitation of the vehicle identification number was inconsistent throughout the papers submitted in support of defendant’s motion, thus raising a question of fact as to whether the vehicle was not covered under the applicable insurance policy. In view of defendant’s conflicting evidentiary submissions, defendant failed to eliminate all triable issues of fact ”
Typos happen and sometimes you have to deal with it and move on. It just is not good when the typos form the basis of a non-coverage defense where there are probably no reserves set.
