George Buckley, Respondent v. Citizens’ Insurance Company of Missouri, Appellant

Summary

The New York Court of Appeals reversed the lower court, holding that the premium was paid at the time of loss and that the insured's voluntary, unconditional surrender of the policy waived his right to demand the unearned premium before cancellation, thus the insurer was not liable for the fire loss. Justice Vann dissented, arguing no waiver and that the insurer should be liable.