Great Health Care Chiropractic, P.C. a/a/o Roseline Amusu Garcia v. Infinity Group, 2016 N.Y. Slip Op. 50257
Another in a line of recent cases involving out of state policy cancellations.
Pennsylvania carrier cancelled its policy for non-payment of premiums. Civil Court denied defendant’s motion on the ground that defendant’s notice of termination of the policy did not comply with the requirements of Pennsylvania law. The Appellate Term, Second Department agreed saying:
In order to prevail on its motion for summary judgment dismissing the complaint, defendant was required to demonstrate that the insurance policy at issue had been validly cancelled in accordance with Pennsylvania law (see generally Compas Med., P.C. v Infinity Group, 46 Misc 3d 146[A], 2015 NY Slip Op 50219[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; W.H.O. Acupuncture, P.C. v Infinity Prop. & Cas. Co., 36 Misc 3d 4 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]). Although defendant’s motion papers contained a supporting affirmation by defense counsel and accompanying documents, and purported to include an affidavit by defendant’s litigation specialist, in fact, the affidavit of defendant’s litigation specialist was not included. In the absence of that affidavit, defendant failed to show that it had fully complied with Pennsylvania’s requirements for cancelling a policy due to nonpayment of premiums. As a result, defendant did not establish its prima facie entitlement to summary judgment dismissing the complaint.