GLOBAL AMERICAN INS. MANAGERS v. PERERA CO.


137 N.J. Super. 377 (1975)

349 A.2d 108

GLOBAL AMERICAN INSURANCE MANAGERS, A NEW JERSEY CORPORATION, PLAINTIFF, v. PERERA COMPANY, INC., A CORPORATION AND PERERA-DEAK & CO., A CORPORATION, DEFENDANTS.

Superior Court of New Jersey, Chancery Division.

Decided November 3, 1975.


Attorney(s) appearing for the Case

Mr. Merritt T. Viscardi for plaintiff (Messrs. Apruzzese & McDermott, attorneys).

Mr. Morris R. Zucker for defendants (Messrs. Zucker, Lowenstein, Gurny, Facher and Zucker, attorneys).


ANTELL, J.S.C.

This is an action brought by a surplus lines insurance agent for declaratory relief. On these cross-motions for summary judgment the principal question presented is whether certain premiums for surplus lines insurance paid by defendant insured to its own broker, but never transmitted to the surplus lines insurer or the surplus lines agent, are to be deemed legally received by the insurer where the actual policy was never delivered to the broker. A further...

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