Opinion
July 5, 1967
Order and judgment (one paper) of the Supreme Court, Nassau County, entered August 3, 1966, which stayed claimant-appellant from arbitration, reversed on the law, with $10 costs and disbursements, and motion denied, without costs. On January 27, 1964, at about 6:58 P.M., a 1956 Chevrolet automobile, of which one Scott was the record owner, struck claimant's vehicle. Theretofore, on May 14, 1963, Empire Mutual Insurance Company had issued a policy of automobile liability insurance to Scott with respect to the 1956 Chevrolet. On January 6, 1964, Empire, at the request of Scott's insurance broker, had transferred the insurance covering the 1956 Chevrolet to a 1955 Buick and informed the Commissioner of Motor Vehicles that the insurance of the 1956 Chevrolet would expire on January 27, 1964 at 12:01 A.M. and that at the same time the insurance of the 1955 Buick would become effective. However, Empire did not mail to Scott the notice of termination described in section 313 Veh. Traf. of the Vehicle and Traffic Law. Hence, respondent MVAIC resisted claimant's demand for arbitration on that ground, saying that Scott's 1956 Chevrolet, because of Empire's failure to mail the notice, was the subject of insurance by Empire at the time of collision. In our opinion, when, as in the case at bar, a contract of automobile liability insurance has been terminated by the insured prior to the contract's expiration date, section 313 Veh. Traf. of the Vehicle and Traffic Law does not require the mailing of the notice therein described, for the statute requires such a notice when the contract of insurance is terminated "by the insurer". Ughetta, Acting P.J., Christ, Brennan, Hopkins and Nolan, JJ., concur.