Investors Insurance Co. of America v. Karbel Wholesale Autos, Inc.

OPINION OF THE COURT

Louis B. York, J.

Plaintiff’s motion for summary judgment is denied.

The plaintiff asserts that defendant purchased insurance from plaintiff and the premium owed by defendant for the period covering March 21, 1985 through March 21, 1986 is $1,092. Defendant’s opposition papers clearly raise an issue as to whether or not the plaintiff was charging a proper premium for the insurance coverage. The defendant states that it was charged at the higher rate for coverage of "auto repairs”, when in fact its sole business involves the sale of automobiles.

The plaintiff states that…