Essex Insurance v. Rowan Construction Co.

In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Asarch, J.), entered July 3, 2012, which denied its motion for summary judgment on the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff issued a general liability insurance policy to the defendant covering the period from July 26, 2008, to July 26, 2009. The defendant paid an “advance premium” in the sum of $5,066, which was based on an estimated payroll of $5,000 and estimated gross sales of $115,000. After the expiration…