Cannon v. Merchants Mut. Ins. Co.
| Decision Date | 09 May 1962 |
| Citation | 230 N.Y.S.2d 282,35 Misc.2d 625 |
| Parties | Clayton CANNON and Nellie Cannon, Plaintiffs, v. MERCHANTS MUTUAL INSURANCE COMPANY, Defendant. |
| Court | New York Supreme Court |
Newman & Holzberg, New York City, for plaintiffs.
Robert Hill Nix, New York City, for defendant.
Plaintiffs move for summary judgment. The defendant issued to the plaintiff (Clayton) a policy of automobile liability insurance. Universal Rockville Corp. financed the payment of premium and plaintiff's agreement with Universal provided that any default would constitute an election by the plaintiff to cancel the policy and Universal was authorized to notify the defendant of such cancellation. Plaintiff did default under his agreement with Universal and in accordance with the authority given to the latter it issued a notice of cancellation pursuant to section 576 of article 12-B of the Banking Law. A copy of the notice is dated October 13, 1960 and the specified date and time of cancellation is October 26, 1960 at 12:01 A.M. It is alleged and stated, on information and belief, that such notice was mailed by Universal at the close of business on October 13, 1960. Section 576 provides as follows:
'(b) Service of the notice by mail shall be effective provided that the notice is mailed to the address of the insured or insureds shown on the premium finance agreement and that at least three days for mailing such notice is added to the ten day notice period.'
It is plaintiff's contention that such notice did not afford to him 13 full days of notice of cancellation of the liability policy in accordance with the statute. Defendant concedes that under the provisions of the General Construction Law the day of mailing would be excluded from the computation as one of the...
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Gordon v. Nationwide Mut. Ins. Co.
...333, affd. 31 A.D.2d 722, 297 N.Y.S.2d 712) and that is not open in this appeal. This was the holding in Cannon v. Merchants Mut. Ins. Co., 35 Misc.2d 625, 230 N.Y.S.2d 282, the effect of which was debated between counsel for Nationwide and counsel for the plaintiffs in the actions against ......
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Gordon v. Nationwide Mut. Ins. Co.
...of the Banking Law, which requires 13 full days when the notice of cancellation is sent by mail. He cited Cannon v. Merchants Mut. Ins. Co., 35 Misc.2d 625, 230 N.Y.S.2d 282 (1962) for that proposition. The instant notice was mailed on November 10, to take effect on the first minute of the ......
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...247 N.E.2d 499; see, also, Gordon v. National Mut. Ins. Co., 30 N.Y.2d 427, 334 N.Y.S.2d 601, 285 N.E.2d 849; Cannon v. Merchants Mut. Ins. Co., 35 Misc.2d 625, 230 N.Y.S.2d 282). North American does not seriously dispute that Imperial Bank did not comply with New York law when it sent the ......
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