Policy Cancellation

Williams v. New York Property Insurance Underwriting Association, 183 A.D.3d 410 (1st Dep’t 2020)

The Appellate Division, First Department, affirmed the grant of summary judgment to New York Property Insurance Underwriting Association, which argued that it had properly cancelled a fire policy twelve hours before a fire destroyed the insured’s commercial property. After the insured requested an increase in coverage, NYPIUA attempted to inspect the property. Attempts to reach the insured were unsuccessful. NYPIUA wrote the insured reminding him of his obligation to arrange an inspection and warned him of the possibility of cancellation. The cancellation then took effect. NYPIUA successfully moved for summary judgment and the insured appealed. The Appellate Division held: “NYPIUA’s submissions on summary judgment, which included, inter alia, the plan of operation, the deposition testimony of NYPIUA’s underwriting supervisor, her affidavit, and the affidavit of an investigator assigned to inspect plaintiff’s premises, were sufficient to justify finding in its favor as a matter of law. The evidence showed that notice of cancellation was made after two failed attempts to inspect the insured premises.”

NYPIUA was represented by partner Costantino P. Suriano and senior attorney Jon Quint.

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