Aetna Casualty and Surety Company v. Thomas P. O'Connor Et Al‪.‬

The question for decision, one of first impression in this court, is this: Does the New York Automobile Assigned Risk Plan of insurance, which in explicit terms provides only for prospective cancellation, abrogate the insurer's common-law right to void a policy from its inception on the ground that it had been obtained through fraud or misrepresentation?