FIRST SAV. & LOAN v. AMER. HOME ASSUR.


35 A.D.2d 344 (1970)

First Savings and Loan Association of Jersey City, N. J., Appellant, v. American Home Assurance Company, Respondent

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

December 10, 1970.


Attorney(s) appearing for the Case

Jerome F. Katz of counsel (Katz, Wittenberg & Katz, attorneys), for appellant.

Saul Goldstein of counsel (Max J. Gwertzman, attorney), for respondent.

CAPOZZOLI and MARKEWICH, JJ., concur with STEVENS, P. J.; McGIVERN, J., dissents in an opinion.


STEVENS, P. J.

The facts are fairly stated in the dissenting opinion and need not now be restated at length. The issue to be resolved is whether the policy in question was divisible. In other words did the February 14, 1969 notice of cancellation affect the entire policy, or did it apply, in effect, only to the increased coverage for which concededly the premium had not been paid some five months after the increase was granted.

"Fundamentally...

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