Cohn v. Royal Globe Insurance

Court: New York Court of Appeals
Date filed: 1980-04-22
Citations: 49 N.Y.2d 942, 406 N.E.2d 739, 428 N.Y.S.2d 881, 1980 N.Y. LEXIS 2300
Copy Citations
4 Citing Cases
Lead Opinion

Page 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.