Western National Insurance v. Haph Brokerage, Inc.

Is an insurance broker to whom has been paid, without any reservation, a commission on fixed premiums, obliged to return to the insurer a portion of such commission *7on the cancellation of the policies by the insured or by the insurer before their maturity? That, in substance, is the question presented on this appeal. The Municipal Court held that he was not; it denied the plaintiff insurer’s motion for summary judgment and granted summary judgment in favor of the defendant broker dismissing the complaint. That decision was affirmed without opinion by the Appellate Term. This court allowed an…