PROVIDENCE INS. v. SEC. MUT. INS.


35 N.Y.2d 583 (1974)

Providence Washington Insurance Co., Appellant, v. Security Mutual Insurance Company, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 20, 1974.


Attorney(s) appearing for the Case

Walter G. Evans for appellant.

William F. McNulty, Leo E. Berson and Anthony J. McNulty for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS concur in Per Curiam opinion; Judge JONES taking no part.


Per Curiam.

The question is whether the issuer of a purportedly canceled automobile liability policy must share the loss on a risk with the substitute insurer. The insureds had intended to cancel the policy with the first insurer but had failed to give notice, actual or constructive, of cancellation. The second and substitute insurer, Providence Washington, brought this declaratory judgment action to compel contribution...

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