Home/New York Court of Appeals/Cohn v. Royal Globe Insurance

Cohn v. Royal Globe Insurance

406 N.E.2d 739, 49 N.Y.2d 942, 428 N.Y.S.2d 881, 1980 N.Y. LEXIS 2300
New York Court of Appeals·Decided April 22, 1980·Published·Cited by 18 cases

Opinion

[944] OPINION 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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Cohn v. Royal Globe Insurance, 406 N.E.2d 739, 49 N.Y.2d 942, 428 N.Y.S.2d 881, 1980 N.Y. LEXIS 2300 (N.Y. 1980).

406 N.E.2d 739 (Cohn v. Royal Globe Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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