Cohn v. Royal Globe Insurance

New York Court of Appeals
Cohn v. Royal Globe Insurance, 49 N.Y.2d 942 (N.Y. 1980)
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.

Reference

Full Case Name
Selig Cohn, by Frances Cohn, as Intended Administratrix and Individually v. Royal Globe Insurance Company, and Hartford Insurance Company
Cited By
18 cases
Status
Published