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eBook details

• Title: Margaret F. Patterson v. Allstate Insurance Company
• Author : Supreme Court of New York
• Release Date : January 30, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Respondent brings the instant action seeking various purported damages, including a liability claim made against her by a
third party, for the appellant's alleged breach of contract in canceling during its term an automobile liability insurance
policy issued to respondent for the year ending November 26, 1967. In its answer appellant asserts that it canceled the policy
for nonpayment of premiums, but the record itself at this juncture clearly indicates solely that full payment for the liability
policy was in fact paid by respondent. In its brief here appellant asserts that the unpaid premiums which precipitated the
cancellation were for later added collision coverage on a newly purchased vehicle, but such contention or any support thereof
does not appear anywhere in the record before us. Additionally, respondent denies receiving the notice of cancellation assertedly
mailed by appellant on August 14, 1967. At this posture of the case we cannot say that there are not issues present requiring
a plenary trial. Nor does the "no-action" condition in the insurance policy here bar the respondent's second cause of action
based on appellant's failure to defend her in the liability action brought against her by the third party. Respondent's action
is for breach of contract not on the policy, and appellant in denying the efficacy of the policy is precluded from raising
this provision as a defense (e.g., Beckley v. Otsego County Farmers Coop. Fire Ins. Co., 3 A.D.2d 190, 194, mot. for lv. to
app. dsmd. 2 N.Y.2d 990; Mayor, Lane & Co. v. Commercial Cas. Ins. Co., 169 App. Div. 772, 777-778; Reese v. Fidelity
& Deposit Co., 93 Misc. 31, 33-34). Disposition Order affirmed, with costs.

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