SK Prime Med. Supply v Permanent Gen. Assur. Corp., 2019 NY Slip Op 52052(U)(App. Term 2d Dept. 2019)
I want to see the defendant’s proof of filing. I see a “c.f.” to Kitchen so I know they did not obtain a certified record from DMV. Was it a DMV from underwriting that in the course and conduct of our business, we timely filed the cancellation? Hmm..
Upon a review of the record, we find that defendant sufficiently demonstrated that it had mailed a policy cancellation letter to the insured in accordance with Vehicle and Traffic Law § 313 (1), and that defendant had filed a copy of the notice of cancellation with the Department of Motor Vehicles within 30 days of the effective date of the cancellation, pursuant to Vehicle and Traffic Law § 313 (2) (a) (see Bullock v Hanover Ins. Co., 144 AD2d 416, 471 [1988]; KJC Chiropractic, P.C. v Hartford Ins. Co., ___ Misc 3d ___, 2019 NY Slip Op 51792[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; cf. Matter of Progressive Classic Ins. Co. v Kitchen, 46 AD3d 333 [2007]; Matter of Material Damage Adj. Corp. v King, 1 AD3d 439 [2003]; Art of Healing Medicine, P.C. v Allstate Ins. Co., 54 Misc 3d 46 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]). Thus, defendant demonstrated that the cancellation is effective with respect to plaintiff’s assignor, who was not the named insured or a member of the [*2]insured’s household (see Vehicle and Traffic Law § 313 [3] “
