Legal Opinion

Providence Washington Insurance v. Security Mutual Insurance

New York Court of Appeals

Decided December 20, 1974PublishedCited by 11 opinions

1Per curiam

The question is whether the issuer of a purportedly canceled automobile liability policy must share the loss on a risk with the substitute insurer. The insureds had intended to cancel the policy with the first insurer but had failed to give notice, actual or constructive, of cancellation. The second and substitute insurer, Providence Washington, brought this declaratory judgment action to compel contribution by the first insurer, Security Mutual.

The Appellate Division, unanimously reversing a judgment of the Supreme Court in favor of plaintiff, Providence Washington, declared the policy with…

2Cases cited3 opinions

  1. Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
  2. Louisiana Public Utilities Co. v. Atlas Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1933
  3. Louisiana Public Utilities Co. v. Atlas Assurance Co.New York Court of Appeals · 1933

3Cited by11 opinions

  1. Meier v. New Jersey Life InsuranceSupreme Court of New Jersey · 1986
  2. Chemical Bank v. Affiliated Fm Insurance Co.Court of Appeals for the Second Circuit · 1999
  3. Crump v. Unigard InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
  4. Grayson-Carroll-Wythe Mutual Insurance v. Allstate InsuranceDistrict Court, W.D. Virginia · 1984
  5. Truax v. State Farm Insurance CompaniesNew York Supreme Court · 1979

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