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MATTER OF STATE-WIDE INS. CO. INC. v. MONACO

154 A.D.2d 381 (1989)

In the Matter of State-Wide Insurance Co. Inc., Appellant, v. Rosemarie Monaco et al., Respondents

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

October 2, 1989

Ordered that the judgment is affirmed, with costs.

The Supreme Court did not err in finding that the insurance policy issued by the respondent Firemen's Insurance Co. of Newark (hereinafter Firemen's) was properly canceled prior to the date of the accident. There being no policy in force, Firemen's did not have a duty to disclaim liability (see, Zappone v Home Ins. Co., 55 N.Y.2d 131; Matter of Aetna Cas. &...

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