Nassau Insurance v. Murray
Cases that cite this one
214 later published cases cite this decision. The 25 that cite it most often are listed here.
- Mount Vernon Fire Insurance v. East Side Renaissance Associates (District Court, S.D. New York 1995)
- CIT Bank v. Pamela Schiffman (N.Y. 2021)
- Stein v. American General Life Insurance Company (2d Cir. 2016)
- PREFERRED MUTUAL INSURANCE COMPANY v. DONNELLY, JOHN (Appellate Division of the Supreme Court of New York 2013)
- Preferred Mutual Insurance v. Donnelly (Appellate Division of the Supreme Court of New York 2013)
- Preferred Mutual Insurance v. Donnelly (Appellate Division of the Supreme Court of New York 2013)
- Randbre Corp. v. Ladney (In re Randbre Corp.) (United States Bankruptcy Court, S.D. New York 1986)
- Guckenberger v. Prudential Insurance Co. of America (2d Cir. 2012)
- Securities & Exchange Commission v. Espuelas (District Court, S.D. New York 2012)
- Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (2d Cir. 2010)
- Owusu v. New York State Insurance (District Court, S.D. New York 2009)
- Manigault v. Macy's East, LLC (District Court, E.D. New York 2007)
- Thibeault v. Travelers Insurance (Appellate Division of the Supreme Court of New York 2007)
- Luessenhop v. Clinton County, NY (District Court, N.D. New York 2005)
- Dioguardi v. Rochester Laborers Pension Fund (District Court, W.D. New York 2004)
- Arasimowicz v. BESTFOODS BAKING CO., INC. (District Court, S.D. New York 2000)
- Maharan v. Berkshire Life Insurance (District Court, W.D. New York 2000)
- State v. International Fidelity Insurance (New York Supreme Court 1999)
- American Alliance Insurance v. Eagle Insurance (District Court, S.D. New York 1995)
- Leon v. Murphy (2d Cir. 1993)
- Leon v. Murphy (2d Cir. 1993)
- Abuhamra v. New York Mutual Underwriters (Appellate Division of the Supreme Court of New York 1991)
- Fed. Sec. L. Rep. P 91,980 (2d Cir. 1989)
- T. J. Gulf, Inc. v. New York State Tax Commission (Appellate Division of the Supreme Court of New York 1986)
- Meckel v. Continental Resources Co. (2d Cir. 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
In both cases, the orders of the Appellate Division should be affirmed, with costs.
Where, as here, the proof exhibits an office practice and procedure followed by the insurers in the regular course of their business, which shows that the notices of cancellation have been duly addressed and mailed, a presumption arises that those notices have been received by the insureds (News Syndicate Co. v Gatti Paper Stock Corp., 256 NY 211, 214; Gardam & Son v Batterson, 198 NY 175, 178; Richardson, Evidence [Prince — 10th ed], § 80). Denial of receipt by the *830 insureds, standing alone, is insufficient to rebut the presumption. In addition to a claim of no receipt, there must be a showing that routine office practice was not followed or was so careless that it would be unreasonable to assume that the notice was mailed (see Trusts & Guar. Co. v Barnhardt, 270 NY 350, 354-355). We would hasten to add, however, that in order for the presumption to arise, office practice must be geared so as to ensure the likelihood that a notice of cancellation is always properly addressed and mailed.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
In each case: Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.