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ALL IS CREDIT v. COUNTRY-WIDE

602179/09

35 Misc.3d 318 (2012)

936 N.Y.S.2d 882

2012 NY Slip Op 22014

ALL ISLAND CREDIT CORP., Plaintiff, v. COUNTRY-WIDE INSURANCE, Co., et al., Defendants.

Supreme Court, New York County.

Decided January 9, 2012.

Attorney(s) appearing for the Case

Friesner & Salzman, Great Neck ( Nadia Youkelsone of counsel), for plaintiff. Jaffe & Koumourdas, LLP, New York City ( R. Diego Velazquez of counsel), for Country-Wide Insurance, Co., defendant.

OPINION OF THE COURT

DEBRA A. JAMES, J.

The issue of first impression presented on the parties' respective motions for summary judgment is whether Insurance Law § 3428 (d) requires an insurance company to refund to a premium finance company gross unearned premiums in excess of the payments made upon the policy when the insurance policy is terminated/cancelled. For the reasons that follow the court holds that...

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