EstatePass
PLNew Yorkmedium

Under Veh. & Traf. Law § 313, what must a New York auto insurer do before a private passenger auto policy can be cancelled or non-renewed in a way that triggers DMV suspension of the insured's registration?

ANothing — the insurer cancels and DMV is automatically notified; the insured's registration suspension is immediate
BFile a court action under CPLR before cancellation can take effect
CObtain prior approval of DFS for every individual cancellation
Send the insured prescribed advance written notice and electronically transmit a lapse notice to DMV so registration can be suspended only after the policy lapses without replacement

Why this is the answer

Veh. & Traf. Law § 313 governs the proof-of-insurance link between auto policies and vehicle registrations in New York. Insurers must give the insured advance written notice of cancellation or non-renewal that complies with both § 313 (a Veh. & Traf. Law notice) and § 3425 (the Insurance Law non-renewal/cancellation statute). They must also electronically report the lapse to DMV through the Insurance Information and Enforcement System (IIES). DMV will then suspend the registration if the insured does not produce evidence of replacement coverage. Cancellation is not 'immediate' (option A); courts and DFS approvals (C, D) are not part of the routine process.

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