SUFFOLK CABLE OF SHELTER ISLAND, INC. v. ROYAL INDEM. CO.


33 A.D.2d 575 (1969)

Suffolk Cable of Shelter Island, Inc., Respondent, v. Royal Indemnity Company, Appellant

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

October 20, 1969


Order affirmed, without costs.

In spite of the limitations inherent in the 60-day binder provision of subdivision 3 of section 168 of the Insurance Law, we are of the opinion that respondent should be afforded an opportunity, on trial of this action, to demonstrate that its failure to pay any premium was due to a misunderstanding on the part of all concerned (including the agent which issued the binder) as to whether there was coverage pending the promulgation of...

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