New York State Seal
STATE OF NEW YORK
INSURANCE DEPARTMENT
25 BEAVER STREET
NEW YORK, NEW YORK 10004

George E. Pataki
Governor

Howard Mills
Acting Superintendent

The Office of General Counsel issued the following opinion on February 24, 2005, representing the position of the New York State Insurance Department.

Re: Notice of Termination Typeface under Section 313(1)(a) of the Vehicle and Traffic Law

Question Presented:

Pursuant to N.Y. Veh. & Traf. Law § 313(1)(a) (McKinney Supp. 2005), what is the size of the typeface required for a notice of termination's statement regarding the requirement that an insured maintain proof of financial security continuously throughout the registration period?

Conclusion:

The size of the typeface must be 12 point type or larger.

Facts:

No facts were provided.

Analysis:

N.Y. Veh. & Traf. Law § 313(1)(a) (McKinney Supp. 2005) states in relevant part:

Every notice or acknowledgement of termination for any cause whatsoever sent to the insured shall include in type of which the face shall not be smaller than twelve point a statement that proof of financial security is required to be maintained continuously throughout the registration period and a notice prescribed by the commissioner indicating the punitive effects of failure to maintain continuous proof of financial security and actions which may be taken by the insured to avoid such punitive effects. (Emphasis added)

The typeface referred to above must be 12 point or larger. Eagle Insurance Company v. Peguero, 299 A.D.2d 294, 750 N.Y.S.2d 601 (1st Dep't 2002).

Note that this Department does not have jurisdiction over the Vehicle and Traffic Law. Any further questions concerning this subject should be addressed to the Department of Motor Vehicles.

For further information one may contact, Senior Attorney Robert Freedman at the New York City Office.