Employers' Liability Assurance Corp. v. Lebanon Auto Bus Co.

Opinion by

Mr. Justice Linn,

The plaintiff appeals from judgment for the defendant in a suit for additional insurance premium. Jury trial was waived. The policy, written on a “National Standard Automobile Liability Policy” form, was dated December 29, 1942. It specified the “policy period” to be from January 1, 1943, to January 1, 1944. Defendant’s occupation was stated to be “Bus Transportation.” On July 10, 1943, defendant surrendered the policy for cancellation and, prior to suit, paid what it considered to be owing to plaintiff.

The point for decision is whether the premium must be short…