Midwest Transfer Co. v. Preferred Accident Insurance

Mr. Presiding Justice Schwartz

delivered the opinion of the court.

Plaintiff sues for an overpayment of $15,822.92, premiums on two policies of insurance issued by defendant against workmen’s compensation, occupational diseases, property damages and personal injuries. It is not disputed that plaintiff paid $69,390.46 and that earned premiums computed according to the terms of the policies were $53,567.54. Defendant claims, however, that while according to the undisputed evidence, plaintiff paid this amount through H. E. Cotter & Co., Inc., neither H. E. Cotter nor H. E. Cotter & Co., Inc. (whom…