Katz v. Travelers Indemnity Co. of Hartford

The sole issue tendered by the pleadings, litigated by the parties and submitted to the jury, was whether the plaintiff had received sufficient notice of cancellation of the policy. Under its terms either party might cancel at any time without cause. The defendant, therefore, was not required to assign non-payment of premium as the ground for cancellation, or any other reason. The obligation of the defendant upon giving such notice of cancellation to return the pro rata unearned premium, or make tender thereof, is raised for the first time on this appeal. It was not submitted to the jury, nor…