ROSENTHAL v. SEC. MUT. INS. CO. OF NEW YORK


33 A.D.2d 1041 (1970)

Seymour Rosenthal, Appellant, v. Security Mutual Insurance Company of New York et al., Respondents

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

February 16, 1970


Order reversed insofar as appealed from, on the law, with $10 costs and disbursements against respondent Security Mutual Insurance Company of New York, and summary judgment granted to plaintiff, making the declaration as hereinabove set forth.

We find that the original contract of insurance, for which the premium was fully paid, was a divisible one and not subject to cancellation for failure to pay the premium for the additional and more comprehensive coverage after...

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