Spilka v. South America Managers, Inc.

The opinion of the court was delivered by

Hall, J.

Plaintiff, the owner of a financing business and the assignee of the insureds in certain insurance policies issued by defendant Sul-America (“SATMA” or “the insurer”) through its general agent, defendant South America Managers, Inc. (“SAMI” or “the agent”), and a broker, one Wallace (“the broker”), brought suit to recover from either or both defendants unearned premiums on the policies resulting from their cancellation. The action was instituted in the Chancery Division. Plaintiff, not knowing the precise amounts of such premiums, demanded…