(DOWNLOAD) "Paul Valachovic v. Lumbermens Mutual Casualty Company Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Paul Valachovic v. Lumbermens Mutual Casualty Company Et Al.
- Author : Supreme Court of New York
- Release Date : January 19, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Appeals from an order of the Supreme Court at Special Term (Kuhnen, J.), entered November 5, 1980 in Broome County, which, inter alia, denied defendants motions for summary judgment. The action on which the instant motions for summary judgment were predicated was commenced to recover money damages for property damage allegedly sustained to a 1977 Chevrolet Camero automobile owned by plaintiff, pursuant to the collision coverage provisions of a policy of insurance issued by defendant Lumbermens Mutual Casualty Company on June 5, 1979 and brokered through defendant Horkott. Defendants contend that plaintiff failed to have the automobile in question inspected in accordance with the requirements of section 167-d of the Insurance Law, so that the physical damage portion of the insurance contract was not effective at the time of the accident. Subdivision 4 of section 167-d of the Insurance Law, which is applicable to the instant policy, provides that: "[a] newly issued policy shall not provide coverage for automobile physical damage perils prior to an inspection of the automobile by the insurer." Notwithstanding subdivision 4 of section 167-d, "an insurer may defer the mandatory inspection for two business days following the effective date of coverage" (11 NYCRR 67.4 [c]). If the insurer, as it did here, defers the inspection, 11 NYCRR 67.4 (c) further provides that: "[the] insurer shall, at the time coverage is effected, furnish the insured with an inspection site where the inspection can be conducted during the two-day period. The location of an [84 A.D.2d 879 Page 880]