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Makawi v. Commercial Union Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 533 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Queens County (Dye, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

An insurance carrier 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" ( Hughson v. National Grange Mut. Ins. Co., 110 A.D.2d 1072 ; see also, Pressman v. Warwick Ins. Co., 213 A.D.2d 386, 387). In this case proof by the defendant Commercial Union Insurance Company of its ordinary procedures for the mailing of notices of cancellation, together with proof of actual mailing to the correct address, establishes the effective cancellation of the subject insurance policy on April 5, 1993 ( see, Pressman v. Warwick Ins. Co., supra).

Moreover, the Supreme Court properly concluded that the appellant's equitable estoppel claim was without merit ( cf., Mooney v. Nationwide Mut. Ins. Co., 172 A.D.2d 144).

Rosenblatt, J. P., Ritter, McGinity and Luciano, JJ., concur.


Summaries of

Makawi v. Commercial Union Ins. Co.

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 533 (N.Y. App. Div. 1997)
Case details for

Makawi v. Commercial Union Ins. Co.

Case Details

Full title:ABDEL MAKAWI, Doing Business as MINI MART, Appellant, et al., Plaintiffs…

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

Date published: Nov 24, 1997

Citations

244 A.D.2d 533 (N.Y. App. Div. 1997)
664 N.Y.S.2d 470

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