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Jonathan A. Dachs Jonathan A. Dachs

One of the most well-established propositions of New York insurance law (not at all a universal view) is that there is no right to cancel a policy of automobile liability insurance retroactively (ab initio) as against an innocent third party, even for fraud or misrepresentation in the procurement of the policy. Such cancellations are, however, allowable against the participants in the fraud. See Integon Ins. Co. v. Goldson, 300 A.D.2d 396 (2d Dep’t 2002); Ins. Co. of North America v. Kaplun, 274 A.D.2d 293 (2d Dep’t 2000); Taradena v. Nationwide Mut. Ins. Co., 239 A.D.2d 876 (4th Dep’t 1997); Travelers Indem. Co. v. Avelino, 191 A.D.2d 229 (1st Dep’t 1993).

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