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Buckley v. Citizens' Ins. Co.

188 N.Y. 399 (N.Y. 1907)
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Buckley v. Citizens' Ins. Co.

2 Citing cases

  1. Fifty States Mgt. v. Pub. Serv. Mut. Ins. Co.

    67 Misc. 2d 778 (N.Y. Sup. Ct. 1971)   Cited 9 times
    In Fifty States Management Corp. v. Public Service Mutual Insurance Co., 67 Misc.2d 778, 784, 324 N.Y.S.2d 345, 353 (Sup. Ct. 1971), the insurer neglected to send each of two insureds one of two cancellation notices, and the court concluded therefore that the notice procedure failed to meet state statutory standards.

    "If the insurance company desires to cancel it must, as we have held in the cases cited, not only give the notice required, but accompany it by the payment or tender of the pro rata amount of the unearned premium; it cannot legally demand of the insured the surrender of the policy and its cancellation until this is done." ( Buckley v. Citizens' Ins. Co., 188 N.Y. 399, 404.) "The voluntary and unconditional surrender of the policy was as a matter of law a waiver of his right to treat the policy as in force until the company paid or tendered to him the unearned premium."

  2. Horton v. Company

    171 A. 322 (N.H. 1934)   Cited 6 times

    Gaysville c. Co. v. Insurance Co., 67 N.H. 457, 458. Authority elsewhere supports this view. Buckley v. Insurance Co., 188 N.Y. 399; Lebanon c. Ins. Co. v. Company, 113 Pa. 591; Fidelity c. Co. v. Willey, 80 F. 497; White v. Insurance Co., 120 Mass. 330; Wytheville c. Co. v. Teiger, 90 Va. 277. The logical deduction is that since the insurer may not claim non-payment of the premium, it belongs to the agent. Otherwise the policy-holder escapes.