24 Misc. 2d 136 | N.Y. Sup. Ct. | 1960
In this action wherein plaintiff seeks a judgment declaring that a certain liability policy was in force at the time an accident occurred, on the ground that it was not cancelled in the manner required by section 93-c of the Vehicle
Though the statute requires that upon cancellation of a policy, or renewal, notice thereof must be filed with the Motor Vehicle Commissioner within 30 days, the violation thereof creates no rights in plaintiff. The effect of the violation under the circumstances here present, insofar as it affects the rights of persons injured on the highways, is not before the court and therefore need not be determined. Accordingly, plaintiff’s motion for summary judgment is denied.
Defendants’ cross application for summary judgment is also denied. There is a question of fact as to whether the renewal was rejected and coverage terminated at plaintiff’s behest or whether the policy was cancelled by the broker for nonpayment of premium without plaintiff’s consent. If the fact is that the policy was cancelled for nonpayment of premium rather than by rejection by plaintiff, then there was a noncompliance with the statute and the ruling in Connecticut Life Ins. Co. v. Williams (supra) would be applicable. Defendants’ contention that in any event the broker was plaintiff’s agent and that therefore it was excused from liability is invalid. In Connecticut Life Ins. Co. v. Williams the cancellation in a manner contrary to the statute was caused by the broker.