New York Court of Appeals, 1980

Cohn v. Royal Globe Insurance

Cohn v. Royal Globe Insurance
New York Court of Appeals · Decided April 22, 1980
49 N.Y.2d 942; 406 N.E.2d 739; 428 N.Y.S.2d 881; 1980 N.Y. LEXIS 2300

Cohn v. Royal Globe Insurance

Opinion of the Court

*944OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Section 313 (subd 1, par [a]) of the Vehicle and Traffic Law provides expressly that insurance cancellation notices "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”. In light of this statutory mandate, we cannot say that the arbitrator’s determination — that this statute does not contemplate substantial compliance — is so irrational as to require vacatur of the award. (Cf. Matter of Garcia v Federal Ins. Co., 46 NY2d 1040.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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