State Farm Mutual Automobile Insurance v. Carrion

Judgment, Supreme Court, New York County, entered on December 11, 1972, denying a stay of arbitration, unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. This affirmance is solely on the ground that as a matter of public policy, an insurance carrier cannot rescind automobile insurance ab initia *709(Matter of Teeter v. Allstate Ins. Co., 9 A D 2d 176, affd. 9 F Y 2d 655). Concur —■ Stevens, P. J., McGivern, Kupferman, Lane and Capozzoli, JJ.