In Garbin v. Mutual Life Ins. Co. of New York (77 Misc 2d 689 [Sup Ct, App Term 1974]), the insurer became aware of its insured's material misrepresentations on his application for a health insurance policy in or before July 19, 1968, and rescinded the health insurance policy. For 13 months after insurer "became actively aware of its insured's misrepresentations and until his death, it nevertheless, without notice of rescission," inadvertently continued to demand, accept and retain four separate quarterly premium payments from plaintiff . The Court held that "the collection and retention of four payments over a full year cannot be overlooked as mere inadvertent and temporary acceptance of a premium such as excused the insurance company in Travelers Ins. Co. v. Pomerantz (246 N.Y. 63, 158 N.E. 21)." The Court continued, "the acceptance of premiums for one year, after knowledge of the facts claimed to be the basis for rescission, constitutes a waiver of the right to rescind" (see also, Johnson at 107 [stating that it "would be difficult to envisage more cogent evidence of an intent to abandon rescission" where insurer "actually billed respondent for the premium, after full knowledge of the fact that the latter had only one eye when he applied for a policy, and retained the premium after it was paid"]).