Merchants Mutual Insurance v. Valilis

Order, entered August 1, 1961, denying defendant’s motion for summary judgment, unanimously affirmed, on the law, with $20 costs and disbursements to respondent. Under the circumstances here, the delivery by the defendant (the insured) of a check for the balance of the premium and the acceptance of the same by the broker would not have the effect of nullifying or waiving a cancellation of the policy, if duly effected. (See Insurance Law, § 121; Mord v. Hartford Acc. & Ind. Co., 245 N. Y. 279; Standard Acc. Ins. Co. v. Roth, 28 Misc 2d 1080.) Therefore, if the plaintiff insurance company had…