Independence Indemnity Co. v. Albert A. Volk Co.

While we are of opinion that the justice below erred in denying the motion for summary judgment on the sole ground that the cancellation of the policy barred the plaintiff from recovering premiums at the rate fixed by the board, nevertheless as the effect of granting summary judgment might be to foreclose any possible inquiry by the defendants as to the correctness of the now rate, the application was properly denied.

*62Order affirmed, with ten dollars costs and disbursements to respondent.

Delehanty and Lydon, JJ., concur; Crain, J., concurs in result.

On Reargument.

Per Curiam. Motion for…