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W. NAT. INS. CO. v. HAPH BROKERAGE

277 A.D. 6 (1950)

Western National Insurance Company, Appellant, v. Haph Brokerage, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 23, 1950.

Attorney(s) appearing for the Case

Arthur W. Clement of counsel (Bigham, Englar, Jones & Houston, attorneys), for appellant.

Emanuel D. Finkelman for respondent.

Lawrence Pomeroy of counsel (Elmer Warren Sawyer with him on the brief; Sawyer, Delaney, Shaw & Pomeroy attorneys), for Insurance Brokers' Association of New York, Inc., amicus curiæ.

PECK, P. J., DORE, CALLAHAN and VAN VOORHIS, JJ., concur.

SHIENTAG, J.

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 on 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...

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