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BOHLINGER v. ZANGER

306 N.Y. 228 (1954)

Alfred J. Bohlinger, Superintendent of Insurance of the State of New York, as Liquidator of The Preferred Accident Insurance Company of New York, Respondent, v. Aaron Zanger, Appellant.

Court of Appeals of the State of New York.

Decided January 14, 1954

Attorney(s) appearing for the Case

Charles P. Butler for appellant.

Irvin Waldman and Alfred C. Bennett for respondent.

LEWIS, Ch. J., CONWAY and FROESSEL, JJ., concur with DYE, J.; FULD, J., dissents in opinion in which DESMOND, J., concurs; VAN VOORHIS, J., taking no part.

DYE, J.

In this appeal by our permission, we deal with an aspect of the dual agency status of an insurance broker, namely, whether upon the cancellation of policies of insurance pursuant to an order of liquidation, premium moneys in the hands of a licensed broker belong in toto to the statutory liquidator or only so much thereof as represents the prorata premium...

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