Legal Opinion

Craine v. New Hampshire Insurance

New York Supreme Court

Decided July 28, 1970PublishedCited by 1 opinion

1Opinion of the CourtBertram Harnett, J.

The .court rules here that an automobile insurance carrier cannot in New York terminate an automobile policy on notice to the insured without also giving prior notice to the State Motor Vehicle Commissioner.

This result is obliged by section 347 of the Vehicle and Traffic Law which provides in material part: ‘ ‘ When an insurance carrier has certified a motor vehicle liability policy * * * the insurance so certified shall not be cancelled or terminated until at least ten days after a notice of cancellation or termination of the insurance * * * shall be filed in the office of the [MotorVehicle]…

2Cases cited4 opinions

  1. De Persia v. Merchants Mutual Cas. Co., Auto. ClubNew York Court of Appeals · 1945
  2. De Persia v. Merchants Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1944
  3. Pitts v. Travelers InsuranceNew York Supreme Court · 1969
  4. D'Andrea v. Allstate InsuranceSuffolk County District Court · 1968

3Cited by1 opinion

  1. Government Employees Insurance v. MizellAppellate Division of the Supreme Court of the State of New York · 1971

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