Advertorial Legally Speaking By: Scott Baron, Attorney at Law NOTICE OF CANCELLATION Q: After a fire, we filed a claim under our homeowner’s policy. The insurer has denied the claim – saying that our policy had been canceled, before the fire, for nonpayment of the premium. I believe that we actually had mailed in a check to pay the premium, though I have to admit I possess no records that one was cashed. The insurer says that it had duly mailed of a notice of cancellation. I do not recall that we ever got one. A: In the New York Insurance Law, an insured who is late with the premium generally gets a second chance. Payment to the insurer will be considered timely, after all, “if made within fifteen days after the mailing to the insured of a notice of cancellation for nonpayment of premium.” Insurance Law § 3425(10); Insurance Law § 3426 (a)(3). Beyond these fifteen days, your second chance is gone. In general, an insurer can meet its burden of proving that a policy had been canceled by describing the office practice that the insurer uses to ensure that notices of cancellation are properly mailed. A presumption then arises that you have received the notice, and the burden shifts to you to rebut this presumption. Your naked denial of receipt, standing alone, generally is held not sufficient to rebut this presumption. But here is a suggestion: check your address as used by the insurer. Is there any omission or error that might have prevented delivery of the notice? An obvious example is a wrong zip-code number. Another example arises when the address leaves out the name of a business under which your post-office box is registered. In the latter case, suppose that the address on the notice of cancellation had left out the name of your business. You submit evidence that a mailing addressed solely to you, without the name of your business, would not be delivered to the post-office box. Then you have succeeded in rebutting the presumption that the notice was indeed delivered: that you got the second chance required by the law. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2013 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 CASH FOR GOLD! For The Highest Payout In New York WE ARE A 4TH GENERATION FAMILY-OWNED BUSINESS www.queenscourier.com | august 2013 | lehavre Courier 15 /licflea @licflea EVERY SATURDAY & SUNDAY 10AM-6PM • RAIN OR SHINE Food • Antiques • Art • Fashion • Collectibles • Fun VENDORS WANTED • APPLY ONLINE LICFlea.com FREE ADMISSION 5-25 46TH AVENUE LONG ISLAND CITY, 11101 CORNER OF 5TH ST. & 46TH AVE. Steps away from Gantry Park FOOD • ANTIQUES • ART • FASHION • COLLECTIBLES • FUN FOOD • ANTIQUES • ART • FASHION • COLLECTIBLES • FUN Community Partner MUSIC & ENTERTAINMENT FOR THE WHOLE FAMILY DIRECTIONS: Take the Ferry to the LIC Terminal and take the FREE SHUTTLE BUS from the Ferry to the Flea. Trains: Take 7 train to Vernon Blvd. Stop. Take E Train to Court Square Stop. PLENTY OF PARKING CAN’T MAKE IT INTO OUR STORE? We Will Come To You! We Make House Calls! GLEN OAKS 253-23 UNION TPKE • (718) 347-4653 CORNER OF LITTLE NECK PKWY & UNION TPKE BROOKLYN 9716 CHURCH AVE CORNER OF ROCKAWAY PKWY 718-485-0202 GOLD, SILVER & DIAMONDS ARE AT HIGHEST IN 25 YEARS!* We Pay Cash For: N.Y. Gold Buyers Westbury Gold We Do Gold Parties • GOLD • DIAMONDS • PLATINUM • SILVER • ANTIQUES • ESTATE JEWLERY • SILVERWARE • WATCHES • FINE CRYSTAL • ALL PRE-1964 US COINS WE ARE #1 OUR CONVENIENT LOCATIONS: Call Anytime 516-236-8815 FRESH MEADOWS 183-16 HORACE HARDING EXPWY (718) 321-3440 NEXT TO ALI BABA RESTAURANT MASPETH 61-51 GRAND AVENUE (718) 476-8939 ACROSS FROM DUANE READE WESTBURY (LONG ISLAND) 465 OLD COUNTRY RD. WESTBURY NY, 11590 (516) 334-2274 NEXT TO DUNKIN DONUTS
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