General Fire & Casualty Co v. Mackpat Corp.

Judgment entered February 4, 1969, on a verdict directed by the court in favor of the defendants, after a jury trial, unanimously reversed on the law and the facts and in the interests of justice, and a new trial ordered, with costs to abide the event. In this action by an insurance company for the recovery of premiums, the defense was -payment. It was the position of the defendants that an arrangement and practice obtained between the defendants and its insurance broker whereby the money settlement of insurance claims would be credited to the account of the defendants by the broker; and that…