INVESTORS INS. CO. OF AM. v. NICK'S GROVE, INC.


198 A.D.2d 69 (1993)

603 N.Y.S.2d 444

Investors Insurance Company of America, Appellant, v. Nick's Grove, Inc., Respondent

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

November 9, 1993


We agree with the IAS Court that Insurance Law § 3426 prohibits the increase in premiums plaintiff insurer seeks from defendant insured. The exceptions to the general bar against such increases set forth in subdivisions (d) (1) and (c) (1) (D) and (E) do not apply since the nature of defendant's business was apparent to plaintiff when the policy went into effect and did not change thereafter. And, assuming, arguendo, defendant misstated the nature of the business in...

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