Smith v. Motor Vehicle Accident Indemnification Corp.

In a proceeding to compel the Motor Vehicle Accident Indemnification Corporation (MVAIC) to accept a late notice of claim, the appeal is from an order of the Supreme Court, Queens County, dated June 25, 1979, which granted the application. Order reversed, on the law, without costs or disbursements, and application denied. Special Term erred in directing MVAIC to accept petitioner’s notice of claim pursuant to subdivision (c) of section 608 of the Insurance Law. That provision, dealing with a disclaimer of coverage by an insurer, does not apply where, as here, the insurer had canceled its…