From Casetext: Smarter Legal Research

Fritzen v. Allstate Indemnity Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 932 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Onondaga County, Murphy, J.

Present — Dillon, P.J., Doerr, Pine, Lawton and Davis, JJ.


Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting defendant's motion to dismiss plaintiff's complaint. Defendant failed to show, by proof of an office practice or procedure followed in the regular course of business, that the policy of insurance issued to plaintiff was duly addressed and mailed (see, Nassau Ins. Co. v. Murray, 46 N.Y.2d 828). The mere assertion by one of defendant's agents that the policy "was sent", supported by the agent's reference to an ambiguous notation on a microfiche record purporting to document the mailing, is insufficient to give rise to the presumption that attaches to notices duly addressed and mailed (see, Friedman v. Allcity Ins. Co., 118 A.D.2d 517; cf., Aetna Cas. Sur. Co. v. Preisigke, 139 A.D.2d 900).


Summaries of

Fritzen v. Allstate Indemnity Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 932 (N.Y. App. Div. 1990)
Case details for

Fritzen v. Allstate Indemnity Co.

Case Details

Full title:DOUGLAS FRITZEN, Appellant, v. ALLSTATE INDEMNITY CO., Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1990

Citations

167 A.D.2d 932 (N.Y. App. Div. 1990)
561 N.Y.S.2d 1002

Citing Cases

Washington v. St. Paul Surplus Lines Ins. Co.

The plaintiffs are not entitled to the benefit of the presumption that the notice was received, since no…

Mu Yan Lin v. Burlington Ins. Co.

Moreover, "[t]he mere assertion that notice was mailed, supported by someone with no personal knowledge of…