Capra v. Lumbermens Mutual Casualty Co.

Memorandum. The order of the Appellate Division should be reversed, without costs, the motion and cross motion for summary judgment denied and the case remitted to Supreme Court, Schenectady County, for trial. Although there is no question but that the termination of automobile insurance is unaffected by an insurer’s failure to file a notice of termination with the Commissioner of Motor Vehicles, as required by section 313 of the Vehicle and Traffic Law (see, e.g., Perez v. Hartford Acc. & Ind. Co., 26 N Y 2d 625, affg. 31 A D 2d 895), the Assigned Risk Policy issued by Lumbermens Mutual…