Pardo v. Central Cooperative Insurance Company

In Pardo v. Central Cooperative Insurance Company, ["CCIC"], 223 A.D.2d 832 (3d Dep't -1996), the Court held CCIC could satisfy its Ins. L. 3425 (h)-Murray burden by proof of either office practice and procedure or by proof of actual mailing. Still, defendant insurer- CCIC did more to warrant affirmance of its summary judgment by submitting: (a) its Vice-President's affidavit of service of actual mailing of subject notice of cancellation, to plaintiff's policy address, except for an omitted post ofice box number; (b) a U.S. Post Office certificate of mailing. including the insured address and round date stamped or "post-marked;" and (c) plaintiff-insured admitted an offer to pay $ 100.00 to defendant's agent seven(7) days after the notice of cancellation's effective date, but defendant refused six(6) days before the fire loss.