Eagle Star Insurance v. International Proteins Corp.

Memorandum. The order of the Appellate Division should be affirmed.

Appellant insurer brought an action against its assured to recover the amount of premiums which would have been due under a policy of marine insurance had the assured declared all shipments which might have been covered under the policy. The assured entered a general denial and set it up as an affirmative defense that under applicable English law an insurer could not maintain a direct action against the assured for nonpayment of premiums, being obliged rather to proceed through the procuring broker.

After depositions had been…