Appellate Division of the Supreme Court of the State of New York January 15, 1981 (Gannon v. New York Mutual Underwriters)

OPINION OF THE COURT

Kane, J.

Plaintiffs purchased a policy of fire insurance from the defendant covering their dwelling in High Falls, Ulster County, New York. The contract ran for a period of three years, commencing September 5, 1977, and the premium was payable in annual installments of $245. Plaintiffs paid the first year’s premium. In September of 1978 the agent servicing the.