Appellate Division of the Supreme Court of the State of New York December 23, 1985 (Victor v. Turner)

OPINION OF THE COURT

Gibbons, J.

In this action to recover under a fire insurance policy, the question on appeal is whether, in the absence of nonrenewal, a notice of cancellation for nonpayment of premium is required to terminate coverage for the renewal term of a policy protected by Insurance Law § 167-a (now § 3425). We conclude that such notice is required, and therefore affirm.