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TRAVELERS INS. COS. v. ROBINSON

79 A.D.2d 1022 (1981)

Travelers Insurance Companies, Plaintiff, v. Katherine Robinson et al., Defendants. National Grange Mutual Insurance Company, Defendant and Third-Party Plaintiff-Respondent; Draftomatic Premium Budget Corporation, Third-Party Defendant-Appellant

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

January 26, 1981

Order reversed, on the law, with $50 costs and disbursements, motion granted and the third-party complaint is dismissed without prejudice to the respondent's right to seek recovery of the gross unearned premium that it refunded to appellant, if it is subsequently determined that the insurance policy was not effectively canceled.

We agree with the determination of the Appellate Division, Fourth Department, in Home Mut. Ins. Co. v Broadway Bank & Trust Co.

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