Allstate Insurance v. Satchell

225 A.D.2d 374, 639 N.Y.2d 339, 639 N.Y.S.2d 339, 1996 N.Y. App. Div. LEXIS 2291

Opinion

Vehicle and Traffic Law § 313 specifies format and content for notices of cancellation of automobile insurance liability policies, and the failure to strictly comply with its provisions invalidates such notice (Barile v Kavanaugh, 67 NY2d 392, 399; Matter of Liberty Mut. Ins. Co. [Stollerman], 50 NY2d 895, affg for reasons stated at 70 AD2d 643; Matter of Worldwide Underwriters Ins. Co. v Lumbermens Mut. Cas. Co., 181 AD2d 784, 786; Matter of Wausau Ins. Cos. v Harpaul, 90 AD2d 711).

15 NYCRR 34.6 (b) requires that the cancellation notice include a specification that suspension of the automobile registration can be avoided by payment of a civil penalty of $6 per day for each day the insurance coverage is not in effect. The Aetna notice in question incorrectly indicated that the civil penalty was $4 per day, which was the formerly applicable rate.

Since the regulatory requirements of 15 NYCRR 34.6 are no less mandatory than the statutory requirements of the Vehicle and Traffic Law (Matter of USAA Cas. Ins. Co. v Belizaire, 154 AD2d 603, 604; Matter of Wausau Ins. Co. v Ramos, 151 AD2d 487), we find the purported cancellation to be ineffective.

Accordingly, the petition to stay arbitration is granted. Concur — Murphy, P. J., Ross, Tom and Mazzarelli, JJ.