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NASSAU INS. CO. v. MURRAY

46 N.Y.2d 828 (1978)

Nassau Insurance Company, Appellant, v. Diane M. Murray et al., Respondents. In the Matter of Empire Mutual Insurance Company, Appellant, v. Philip Sash et al., Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Bertram Herman for Nassau Insurance Company, appellant.

Philip Hoffer, Rose L. Hoffer and Peter T. Affatato for Empire Mutual Insurance Company, appellant.

Charles F. Brady and Benjamin Purvin for Allstate Insurance Company, respondent.

Leonard Sheft for Aetna Insurance Company, respondent.

Dolores Gerber for Criterion Insurance Company, respondent.

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

MEMORANDUM.

In both cases, the orders of the Appellate Division should be affirmed, with costs.

Where, as here, the proof exhibits an office practice and procedure followed by the insurers in the regular course of their business, which shows that the notices of cancellation have been duly addressed and mailed, a presumption arises that those notices have been received by the insureds (News Syndicate Co. v Gatti...

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