Legal Opinion

In re the Arbitration between Nassau Insurance & Epps

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

Decided July 24, 1978PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Shapiro, J.

The core issue here is whether subdivision 1 of section 313 of the Vehicle and Traffic Law, which provides that "where the cancellation [of an automobile insurance policy] is for non-payment of premium * * * ten days notice of cancellation by the insurer shall be sufficient” (emphasis supplied), was impliedly repealed by the 1974 amendment to the Insurance Law, which added a new section 167-a (L 1974, ch 1072, § 2). Paragraph (d) of subdivision (1) of section 167-a provides, in part, that "[p]ayment to the insurer * * * shall be timely if made within ñfteen days…

2Cases cited6 opinions

  1. Cimo v. State of New YorkNew York Court of Appeals · 1953
  2. Johnson v. General Mutual InsuranceNew York Court of Appeals · 1969
  3. Breen v. Cunard Lines Steamship Co.New York Court of Appeals · 1974
  4. Nassau Insurance v. Lion InsuranceNew York Supreme Court · 1977
  5. Hartford Accident & Indemnity Co. v. KrumbeinNew York Supreme Court · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In re Midwest Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  2. Fagan v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
  3. Durante v. EvansNew York Supreme Court · 1982
  4. Gannon v. New York Mutual UnderwritersAppellate Division of the Supreme Court of the State of New York · 1981
  5. Public Service Commission v. Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1985

3 more not listed; retrieve them via the Exa API.

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