Cohn v. Royal Globe Insurance Co., Hartford Ins. Co.

Full title: SELIG COHN, Deceased, by FRANCES COHN, as Intended Administratrix and…

Court: Court of Appeals of the State of New York

Date published: Apr 22, 1980

49 N.Y.2d 942 (N.Y. 1980)

428 N.Y.S.2d 881

406 N.E.2d 739

Opinion

Argued March 17, 1980

Decided April 22, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ARTHUR S. HIRSCH, J.

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.

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 N.Y.2d 1040.)

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order affirmed.