Legal Opinion

Berrios v. Lumbermens Mutual Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 26, 1990PublishedCited by 7 opinions

1Opinion of the Court

Judgment of the Supreme Court, Bronx County (Herbert Shapiro, J.), entered on October 22, 1986, declaring the validity of defendant Hanover Insurance Company’s termination, prior to the accident, of the policy covering the offending vehicle, thus invoking the uninsured motorist coverage provisions of the policy issued by defendant Lumbermens Mutual Casualty Company to the owner of the vehicle in which plaintiff was a passenger, is unanimously affirmed, with costs and disbursements.

While the burden of proving a valid cancellation is on the insurance company which disclaims coverage, once a…

2Cases cited2 opinions

  1. Duhs v. Royal Globe InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
  2. In re the Arbitration between Prudential Property & Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by7 opinions

  1. State Farm Mutual Automobile Insurance v. CherianAppellate Division of the Supreme Court of the State of New York · 1994
  2. State Farm Mutual Automobile Insurance v. MoralesAppellate Division of the Supreme Court of the State of New York · 1994
  3. DTC Restaurant, Inc. v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
  4. GEICO Indemnity v. RothAppellate Division of the Supreme Court of the State of New York · 2008
  5. Fogarty v. Boston Old Colony InsuranceAppellate Division of the Supreme Court of the State of New York · 1995

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