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ROTH v. AETNA LIFE & CAS. INS. CO.

128 A.D.2d 514 (1987)

James Roth et al., Respondents, v. Aetna Life and Casualty Insurance Company, Defendant, and Allstate Insurance Company, Appellant

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

March 2, 1987

Ordered that the order is affirmed insofar as appealed from, with costs payable to the plaintiffs.

We agree with Special Term that the defendant Allstate Insurance Company (hereinafter Allstate) was not entitled to summary judgment inasmuch as the cancellation notice sent to Allstate's insured failed to state that she had a right to a review of the cancellation by a committee of the Assigned Risk Plan. Under these circumstances...

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