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CRAINE v. NEW HAMPSHIRE INS. CO.

64 Misc.2d 86 (1970)

Kevin Craine, an Infant, by His Father Peter P. Craine, et al., Plaintiffs, v. New Hampshire Insurance Company et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 28, 1970

Attorney(s) appearing for the Case

Albert R. Pincus for plaintiffs. Cordes, Purcell, Jewell & Ingrao for Travelers Indemnity Company, defendant. MacIntyre, Burke, Smith & Curry for New Hampshire Insurance Company, defendant.

BERTRAM HARNETT, J.

The court rules here that an automobile insurance carrier cannot in New York terminate an automobile policy on notice to the insured without also giving prior notice to the State Motor Vehicle Commissioner.

This result is obliged by section 347 of the Vehicle and Traffic Law which provides in material part: "When an insurance carrier has certified a motor vehicle liability policy * * * the insurance so certified shall not be...

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