In re the Liquidation of Preferred Accident Insurance

Order affirmed, with costs. Question certified not answered. No opinion.

Concur: Chief Judge Conway and Judges Dye, Fuld, Froessel, Van Voorhis and Burke. Judge Desmond dissents and votes to reverse upon the ground that neither section 538 of the Insurance Law nor any other statute or discoverable public policy (see Matter of Rhinelander, 290 N. Y. 31, 36) makes this contractual provision invalid.