Opinion
April 5, 1985
Appeal from the Supreme Court, Monroe County, Tillman, J.
Present — Dillon, P.J., Boomer, Green, O'Donnell and Schnepp, JJ.
Order unanimously affirmed, with costs. Memorandum: In this declaratory judgment action, defendant National Grange Mutual Insurance Company (National Grange) appeals, from an order denying its cross motion for summary judgment. Hughson's application for automobile insurance coverage from National Grange, prepared by the employee of an independent insurance agent, listed his address as 123 West Sherman Street, Newark, New York. The policy subsequently issued by National Grange included the same address. Hughson claims that he actually resided at 152 West Sherman Street. The record includes a notice of cancellation, dated July 23, 1981, purportedly sent to Hughson at 123 West Sherman Street. On October 25, 1981, Hughson was involved in an automobile accident with another individual covered by a policy including an uninsured motorist indorsement.
An insurer may effectively cancel its policy by mailing a notice of cancellation to the address shown on the policy, provided that it submits sufficient proof of mailing, regardless of whether the notice is actually received by the insured ( Olesky v. Travelers Ins. Co., 72 A.D.2d 924, 925). Vehicle and Traffic Law § 313 (1) (b) states that "[a] copy of a notice of termination and the certificate of mailing, when kept in the regular course of the insurer's business, shall constitute conclusive proof of compliance with the mailing requirements of this chapter". Inasmuch as the record does not include the certificate of mailing, the matter should proceed to trial, where the court may determine whether National Grange complied with the statute.