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Cohn v. Royal Globe Insurance

49 N.Y.2d 942 Court N.Y. Decision date 1980-04-22 English

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p. 942
Selig Cohn, Deceased, by Frances Cohn, as Intended Administratrix and Individually, Respondent, v Royal Globe Insurance Company, Respondent, and Hartford Insurance Company, Appellant.
Argued March 17, 1980;
decided April 22, 1980
p. 943
APPEARANCES OF COUNSEL
Lester E. Fetell and Seth E. Coen for appellant.
Dennis P. Hannafey, Ernest Miller and Myles Elber for Royal Globe Insurance Company, respondent.
Pamela Anagnos Liapakis and Nicholas Papain for Selig Cohn, respondent.
p. 944
OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Section 313 (subd 1, par [a]) of the Vehicle and Traffic Law provides expressly that insurance cancellation notices "shall include in type of which the face shall not be smaller than twelve point a statement that proof of financial security is required to be maintained”. In light of this statutory mandate, we cannot say that the arbitrator’s determination — that this statute does not contemplate substantial compliance — is so irrational as to require vacatur of the award. (Cf. Matter of Garcia v Federal Ins. Co., 46 NY2d 1040 .)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

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