SAVINO v. MERCHS. INS. CO.


44 N.Y.2d 625 (1978)

James Savino, Doing Business as Deer Park Fruit Port, Respondent, v. Merchants Mutual Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1978.


Attorney(s) appearing for the Case

E. Richard Rimmels, Jr., and Frank J. Cafaro for appellant.

Arthur Goldstein for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

This is an action by a storekeeper to recover for a fire loss on an insurance policy issued by defendant. Plaintiff financed the premiums through a company called Insur Aid, which paid defendant and was in turn to receive from plaintiff monthly installments, including finance charges. Under the terms of their agreement, if plaintiff defaulted in any payment to Insur Aid, the latter was appointed his...

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