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Question: Auto Accidents - New York

Asked on 9/5/2009
Insurance cancelled policy and an accident suit is pending. Are we still covered since insurance was in place until after the accident
insurance dropped due to an accident. There is a pending suit by a passenger. Is there coverage still under old insurance?

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Answers (2):

M.S., Member in Good Standing of Connecticut Bar


Although I do not practice law in the State of New York, here are my initial impressions.  First, the general rule is that an insurance policy covers the insured for the applicable dates of the policy.  Therefore, if a claim arises during those dates, the insured remains covered regardless of whether the policy is later dropped/discontinued/cancelled.  While, in rare circumstances, it may be possible for a policy to become void retroactively, this is unlikely.  In any event, however, if you have a claim pending you should hire an attorney, if you have not already done so, to answer these and all other questions associated with the claim.



  • Answered on 9/5/2009
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I am a New York attorney and yes you are still covered. Your old insurance company will provide you with an attorney who will defend you in the

pending claim by your passenger. Under the Law of the State of New York you must secure a new insurance policy in order to drive your car.



  • Answered on 9/5/2009
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