Arizona Premium Fin. Co., Inc. v American Tr. Ins. Co., 2017 NY Slip Op 09263 (!st Dept, 2017)
I spent a few hours earlier this year reading the case file on this one. For starters, ATIC’s attorney at the deposition of the ATIC defendants violated the new rules in spirit and substance. I would have flipped out if I were Arizona’s attorney.
While an attorney at a deposition should not be a potted plant, they should not be actively interfering with the questioning. Substantively, the case involved claims of notices of cancellation that Arizona through the POA it possessed and invoked not being received by ATIC. Arizona was granted summary judgment on less than half the claims (it was clearly received). On the remainder, the mailroom gentleman ad his deposition admitted at his deposition that he would received incorrectly addressed envelopes (that was the issue of fact) requiring a jury trial on whether ATIC received the cancellations. Just amazing.
As a plaintiff, when ATIC denies receipt, you might want to read Louis Campbell’s deposition in this case.
