B X Corp. v. Aetna Insurance

Two broad questions are raised on this motion to dismiss each of the two causes of action alleged in the complaint : first, the right of the mortgagee to be paid the unearned premiums upon the cancellation of a policy of fire insurance containing the New York standard mortgagee clause; and, second, the right of an insurance company to cancel a fire insurance policy, at the request of the mortgagor, and without the consent of the mortgagee, and to what extent that right of cancellation is affected by the terms of an agreement pursuant to which the payment of the premiums to the insurance…