Lawrence v. H. G. Ellis Agency, Inc.

Order and judgment unanimously-reversed on the law without costs and complaint dismissed. Memorandum: Plaintiff applied for insurance under the assigned risk plan. He brought this action against the insurance agent, H. G. Ellis Agency, Inc. (Ellis), and the New York Automobile Insurance Plan (the Plan) to recover for collision damage to his car after physical damage coverage had been suspended for plaintiff’s failure to have his vehicle photographically inspected (see, Insurance Law § 3411 [d], [f]; 11 NYCRR part 67). Plaintiff’s proof at a nonjury trial established that Ellis failed to…