State Farm Mutual Auto. Ins. Co. v. Carrion

Full title: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. JOSE…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 8, 1973

41 A.D.2d 708 (N.Y. App. Div. 1973)

Opinion

March 8, 1973

Judgment, Supreme Court, New York County, entered on December 11, 1972, denying a stay of arbitration, unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. This affirmance is solely on the ground that as a matter of public policy, an insurance carrier cannot rescind automobile insurance ab initio ( Matter of Teeter v. Allstate Ins. Co., 9 A.D.2d 176, affd. 9 N.Y.2d 655).

Concur — Stevens, P.J., McGivern, Kupferman, Lane and Capozzoli, JJ.