SCHLEIMER v. EMPIRE MUT. INS. CO.


71 Misc.2d 1014 (1972)

Irene Schleimer, Respondent, v. Empire Mutual Insurance Company, Appellant.

Supreme Court, Appellate Term, First Department.

October 13, 1972


Attorney(s) appearing for the Case

Raymond J. MacDonnell, Philip Hoffer, Rose L. Hoffer and Peter T. Affatato for appellant. Irving G. Schleimer for respondent.

QUINN, J. P., and STREIT, J., concur in Per Curiam opinion; MARKOWITZ, J., dissents in memorandum.


Per Curiam.

The issue in this case is whether an insurer of an automobile is under a duty to give notice to a party named as "loss payee" of cancellation of the policy.

A party so designated has generally been considered to be a mere appointee with the right to receive the proceeds of the loss to the extent of his interest. Under a limited loss payable clause the rule is that if the policy is not collectible...

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