FICHTNER v. STATE FARM CO.


148 Misc.2d 194 (1990)

John E. Fichtner, Plaintiff, v. State Farm Fire and Casualty Company, Defendant.

Supreme Court, Cattaraugus County.

August 10, 1990


Attorney(s) appearing for the Case

Bouvier & O'Connor for defendant. Shane & Franz for plaintiff.


EDWARD M. HOREY, J.

The defendant, State Farm Fire and Casualty Company, by a motion for summary judgment seeks dismissal of plaintiff's complaint. The basis of the defendant's contention is that the notice which it gave the plaintiff of cancellation of policy made by registered mail should be given effect despite the uncontroverted fact that the plaintiff never received such notice.

The policy in issue provided for notice of cancellation by five...

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