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MATTER OF PRUDENTIAL PROP. & CAS. INS. CO. v. HOBSON

114 A.D.2d 414 (1985)

In the Matter of Prudential Property and Casualty Insurance Company, Appellant, v. Marjorie Hobson et al., Respondents

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

October 15, 1985

Judgment reversed, on the law, with costs, and petition granted.

Petitioner was under no duty to give written notice of its denial of coverage pursuant to Insurance Law § 167 (8) (now § 3420 [d]) under a policy which did not cover the vehicle involved (Zappone v Home Ins. Co., 55 N.Y.2d 131). In the absence of physical contact, there could be no "hit-and-run automobile" as defined in the New York automobile accident...

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