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SUMMIT INS. CO. OF N. Y. v. BEACH

80 Misc.2d 382 (1974)

Summit Insurance Company of New York, Petitioner, v. Terrance H. Beach et al., Respondents.

Supreme Court, Monroe County.

December 9, 1974

Attorney(s) appearing for the Case

Woods, Oviatt, Gilman, Sturman & Clarke (Benjamin Pratt of counsel), for petitioner. Lacy, Katzen, Green & Jones (Richard Callen of counsel), for Terrance H. Beach, respondent. Sullivan, Gough, Skipworth, Summers & Smith (William Gough of counsel), for Allstate Insurance Company, respondent. Nixon, Hargrave, Devans & Doyle (William Eggers of counsel), for Aetna Casualty & Surety Company, respondent. Lines, Wilkens, Osborn & Beck (James Reed of counsel), for Insurance Company of North America, respondent.

JAMES H. BOOMER, J.

The order of Justice MASTRELLA referred this proceeding to me to hear and determine two issues. The first is whether the policy of insurance issued by respondent Allstate Insurance Company, covering the Cabellero automobile, was properly canceled prior to the accident. I find that it was. All parties conceded that the proper notice of cancellation for nonpayment of premium was sent by the insurer Allstate to its insured and that the...

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