Okosa v. Hall

The opinion of the court was delivered by.

KIMMELMAN, J.A.D.

The issue on this appeal by plaintiffs is whether their belated payment of an installment due on their automobile insurance policy was sufficient to avoid the cancellation of their policy *439and sanction the filing of their claim for Personal Injury Protection (PIP) benefits as being timely made. The resolution of this matter involves the interpretation and application of the so-called “Mailbox Rule” and whether, by reason thereof, plaintiffs’ automobile insurance policy survived automatic cancellation at 12:01 a.m. on March 16,1994.

Plain…