SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
October 20, 1969
SUFFOLK CABLE OF SHELTER ISLAND, INC., RESPONDENT,
ROYAL INDEMNITY COMPANY, APPELLANT
In an action upon an insurance binder to recover a loss sustained during an electrical storm, defendant appeals from an order of the Supreme Court, Suffolk County, dated December 11, 1968, which denied its motion for summary judgment.
Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.
In spite of the limitations inherent in the 60-day binder provision of subdivision 3 of section 168 of the Insurance Law, we are of the opinion that respondent should be afforded an opportunity, on trial of this action, to demonstrate that its failure to pay any premium was due to a misunderstanding on the part of all concerned (including the agent which issued the binder) as to whether there was coverage pending the promulgation of a rate schedule.
Order affirmed, without costs.
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