TEETER v. ALLSTATE INS. CO.


9 A.D.2d 176 (1959)

Raymond F. Teeter, Jr., Appellant, v. Allstate Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 11, 1959.


Attorney(s) appearing for the Case

Maas, Weinstein & Hutchings (Leonard E. Maas of counsel), for appellant.

Brown, Zurett, Sullivan, Smith & Gough (William V. Gough of counsel), for respondent.

All concur. Present — KIMBALL, J. P., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.


HALPERN, J.

This case presents the question of whether an insurance company has the right to rescind ab initio, on account of the fraud of the insured, an automobile liability insurance policy which was issued after the taking effect of the Motor Vehicle Financial Security Act (Vehicle and Traffic Law, §§ 93 to 93-k, as added by L. 1956, ch. 655), commonly known as the compulsory insurance law...

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