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CRUMP v. UNIGARD INS. CO.

100 N.Y.2d 12 (2003)

790 N.E.2d 244

760 N.Y.S.2d 71

WINNIE A. CRUMP, as Administrator of the Estate of THOMAS J. CRUMP, SR., Deceased, Respondent, v. UNIGARD INSURANCE COMPANY, Appellant, and PROSPER'S TRUCKING, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 27, 2003.

Attorney(s) appearing for the Case

Gerard A. Strauss, Hamburg, for appellant.

Robert J. Sassone, Norwood, for Winnie A. Crump, respondent.

Bond, Schoeneck & King, PLLC, Albany (Arthur J. Siegel and Mary Ellen Ladouceur of counsel), for Prosper's Trucking, Inc., respondent.

Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

SMITH, J.

The issue in this case is whether the 1978 amendment to Banking Law § 576 abrogated the common-law rule that cancellation of an insurance contract becomes effective when it is received by the insurance company. We conclude that it did not. Because we hold that an insurance company must receive a notice of cancellation before such cancellation can become effective, we affirm the order of the Appellate Division.

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