On August 24, 1950 a truck was involved in an accident that resulted in a personal injury claim. An action was commenced in the Supreme Court of Kings County for review. The elements of this case are that following the accident, the Brooklyn insurance company for the truck contacted the insured person who had been driving the truck and told him that he was not going to be covered in the accident. The insurance policy had been purchased about four weeks prior to the accident and was supposed to be in effect for one year.
However, 21 months after the truck accident and an entire year after the notice of a lawsuit action had been served; the insurance company contacted the driver and informed him that at the time of the accident, his insurance had lapsed due to a suspension and that the insurance company would not be covering the accident. The date that the accident occurred was in the early part of the policy and clearly within bounds of being covered by that policy. The driver of the truck filed a lawsuit to make the company supply the insurance coverage that he had paid for.
The Supreme Court stated that after a review of the evidence in this case, there was no evidence that either the driver or anyone on behalf of the driver authorized suspension of the policy. Further, they could find no one in the insurance company who had authorized a suspension of the policy at any time and certainly not during the time span that covered the accident in question.
In fact, the court stated that the insurance company had already undertaken the defense of the driver in this truck accident. It is unclear why they waited until 21 months after the accident before disclaiming. Since the company still retained the entire premium money which was paid for insurance by the Queens driver, which included the truck that was in the accident. All of these facts support the finding that there was never a suspension in coverage of the truck that was involved in this accident.
The Supreme Court orders that the insurance policy was not suspended and that the policy was in effect. The insurance company is hereby ordered to defend the driver in the action resulting from the personal injury accident in Kings County.
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