Benco Payment Corp. v. Nationwide Mutual Insurance

Appeal from an order and judgment of the Supreme Court at Special Term (Pennock, J.), entered February 6, 1985 in Sullivan County, which granted plaintiffs motion for summary judgment on its fourth cause of action.

Plaintiff, a domestic corporation engaged in the business of financing insurance premiums for purchasers of insurance, commenced this action against defendant, an insurer, alleging that plaintiff had forwarded to Claridge Brokerage, Inc., allegedly an agent of defendant, premium payments on behalf of certain persons insured by defendant. According to plaintiff, when these insureds…