Legal Opinion

Interboro Mutual Indemnity Insurance v. Cermak

Appellate Division of the Supreme Court of the State of New York

Decided November 9, 1992PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding to stay the arbitration of an automo*514bile insurance claim, the petitioner appeals from an order of the Supreme Court, Nassau County (Roncallo, J.), dated November 28, 1990, which denied the petition.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner’s contention, the misrepresentation made by the respondent Janet J. LoGatto, also known as Janet J. LoGatto Cermak, as to her true address does not render the automobile insurance policy void ab initio. The law is well settled that cancellation of an automobile insurance policy may be prospective only, even if…

2Cases cited5 opinions

  1. Teeter v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1959
  2. Teeter v. Allstate InsuranceNew York Court of Appeals · 1961
  3. Aetna Casualty & Surety Co. v. O'ConnorNew York Court of Appeals · 1960
  4. Liberty Mutual Insurance v. McClellanAppellate Division of the Supreme Court of the State of New York · 1987
  5. Middlesex Insurance v. CarreroAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by2 opinions

  1. Anderson v. BakerAppellate Division of the Supreme Court of the State of New York · 2003
  2. Eagle Insurance v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1999

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