AETNA CAS. & SUR. CO. v. O'CONNOR


8 N.Y.2d 359 (1960)

Aetna Casualty and Surety Company, Appellant, v. Thomas P. O'Connor et al., Respondents.

Court of Appeals of the State of New York.

Decided November 17, 1960.


Attorney(s) appearing for the Case

Joseph Fennelly and William S. O'Connor for appellant.

Harold M. Harkavy, Fred Gardner and Frederick M. Garfield for respondents.

Chief Judge Desmond and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


FULD, J.

The question for decision, one of first impression in this court, is this: Does the New York Automobile Assigned Risk Plan of insurance, which in explicit terms provides only for prospective cancellation, abrogate the insurer's common-law right to void a policy from its inception on the ground that it had been obtained through fraud or misrepresentation?

The facts are undisputed. In his application...

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