Legal Opinion
Nassau Insurance v. Murray
New York Court of Appeals
Decided December 27, 1978PublishedCited by 209 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
In both cases, the orders of the Appellate Division should be affirmed, with costs.
Where, as here, the proof exhibits an office practice and procedure followed by the insurers in the regular course of their business, which shows that the notices of cancellation have been duly addressed and mailed, a presumption arises that those notices have been received by the insureds (News Syndicate Co. v Gatti Paper Stock Corp., 256 NY 211, 214; Gardam & Son v Batterson, 198 NY 175, 178; Richardson, Evidence [Prince — 10th ed], § 80). Denial of receipt by the insureds,…
2Cases cited3 opinions
- William Gardam & Son v. BattersonNew York Court of Appeals · 1910
- Trusts & Guarantee Co. v. BarnhardtNew York Court of Appeals · 1936
- News Syndicate Co. v. Gatti Paper Stock Corp.New York Court of Appeals · 1931
3Cited by209 opinions
- Viviane Etienne Medical Care v. Country-Wide Ins.New York Court of Appeals · 2015
- Leon v. MurphyCourt of Appeals for the Second Circuit · 1993
- Meckel v. Continental Resources Co.Court of Appeals for the Second Circuit · 1985
- Leon v. MurphyCourt of Appeals for the Second Circuit · 1993
- Bossuk v. SteinbergNew York Court of Appeals · 1983
204 more not listed; retrieve them via the Exa API.