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MURPHY v. HANOVER INSURANCE COMPANY

285 A.D.2d 635 (2001)

728 N.Y.S.2d 389

WALTER MURPHY, Appellant, v. HANOVER INSURANCE COMPANY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 30, 2001.

Ordered that the substituted judgment is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, Insurance Law § 3425 (d) (1) is not applicable to the facts of this case. Insurance Policy Number M220-61-81, issued on July 1, 1985, was not a renewal of a prior policy and did not involve an "elimination of any coverage" (Insurance Law § 3425 [d] [1]; see, Cappelli v State Farm Mut. Auto. Ins. Co., 259...

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