Rosenberg v. Colonial Penn Insurance

Appellate Division of the Supreme Court of New York

Rosenberg v. Colonial Penn Insurance

274 A.D.2d 520, 712 N.Y.S.2d 384, 2000 N.Y. App. Div. LEXIS 8193

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 24, 2000

StatusPublished

Cited by1 cases

This text of 274 A.D.2d 520 (Rosenberg v. Colonial Penn Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rosenberg v. Colonial Penn Insurance, 274 A.D.2d 520, 712 N.Y.S.2d 384, 2000 N.Y. App. Div. LEXIS 8193 (N.Y. Ct. App. 2000).

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Opinion

—In a proceeding pursuant to CPLR article 75 to compel arbitration of an uninsured motorist claim, Colonial Penn Insurance Co., appeals from an order of the Supreme Court, Kings County (Slavin, J.H.O.), which, in effect, granted the petition and denied its cross petition to stay arbitration.

Ordered that the order is affirmed, with costs to the respondent-respondent Peerless Insurance Company.

The record does not support the contention of the appellant, Colonial Penn Insurance Co., that the notice of cancellation of the insurance policy issued by Peerless Insurance Company to Ann Marie Smith was untimely filed with the Commissioner of the Department of Motor Vehicles because of an uncorrected “edit error” within the meaning of 15 NYCRR 34.2 (e). Accordingly, the Hearing Officer properly concluded that the policy had been cancelled and there was no coverage at the time of the accident (see, Matter of Liberty Mut. Ins. Co. v Vidale, 207 AD2d 489; see also, Matter of Colonial Penn Ins. Co. v Martich, 260 AD2d 378). Bracken, J. P., O’Brien, Thompson and Florio, JJ., concur.

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—In a proceeding pursuant to CPLR article 75 to compel arbitration of an uninsured motorist claim, Colonial Penn Insurance Co., appeals from an order of the Supreme Court, Kings County (Slavin, J.H.O.), which, in effect, granted the petition and denied its cross petition to stay arbitration.

Ordered that the order is affirmed, with costs to the respondent-respondent Peerless Insurance Company.

The record does not support the contention of the appellant, Colonial Penn Insurance Co., that the notice of cancellation of the insurance policy issued by Peerless Insurance Company to Ann Marie Smith was untimely filed with the Commissioner of the Department of Motor Vehicles because of an uncorrected “edit error” within the meaning of 15 NYCRR 34.2 (e). Accordingly, the Hearing Officer properly concluded that the policy had been cancelled and there was no coverage at the time of the accident (see, Matter of Liberty Mut. Ins. Co. v Vidale, 207 AD2d 489; see also, Matter of Colonial Penn Ins. Co. v Martich, 260 AD2d 378). Bracken, J. P., O’Brien, Thompson and Florio, JJ., concur.

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274 A.D.2d 520, 712 N.Y.S.2d 384, 2000 N.Y. App. Div. LEXIS 8193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-colonial-penn-insurance-nyappdiv-2000.

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