Ruderman v. Massachusetts Accident Co.

The opinion of the court was delivered by

Heher, J.

We are in accord with the holding of the learned vice-chancellor that, under the existing circumstances, appellant was under a duty to apply in satisfaction of the accrued and unpaid quarterly premium moneys in its hands concededly due to respondent for disability benefits payable under the policy. The sum admittedly due for disability benefits was $180, while the unpaid premium amounted to $36.11. It may be laid down as a general rule that an insurer is not justified in declaring a forfeiture of an insurance policy for the non-payment of a…