Summary
In Teeter v. Allstate Insurance Co., 9 N.Y.2d 655 (1961), affirming mem., 9 A.D.2d 176 (4th Dept. 1959) the Court of Appeals affirmed the holding of the Appellate Division that the common law right of rescission ab initio for fraud did not survive the adoption of section 313 of the N.Y. Vehicle Traffic Law and, in accordance with that provision, cancellation of an automobile insurance policy may only be done prospectively.
Summary of this case from Norguard Ins. Co. v. LopezOpinion
Argued January 3, 1961
Decided January 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, DANIEL J. O'MARA, J.
William L. Shumate and William V. Gough for appellant.
Leonard E. Maas for respondent.
Lubell and Lubell for New York State Association of Plaintiffs' Trial Lawyers, amicus curie. Alfred J. Bohlinger and Alfred Miller for National Association of Independent Insurers, amicus curiae. James B. Donovan and Patrick J. Hughes for Association of Casualty and Surety Companies, amicus curiae.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.