Western National Insurance v. Haph Brokerage, Inc.

TMs action is brought by an insurance company to recover from an insurance broker what, for want of a better term, has been referred to as the “ unearned commissions ” paid by the company’s agent to the broker upon receipt by the agent of premiums from the assured.

The matter comes on by way of motion brought on by plaintiff, for summary judgment pursuant to rule 113 of the Buies of Civil Practice.

It appears that two policies were issued by the plaintiff, and that before expiration date, the larger one was first cancelled by the assured and the smaller one thereafter cancelled by the company.…