Summary
finding that an agreement between the insurance company and its agent, of which the insured had no knowledge, had no effect as to the insured
Summary of this case from Cohen v. Utica First Ins. Co.Opinion
November 15, 1973
Appeal from the Civil Court of the City of New York, County of New York, BENTLEY KASSAL, J.
Friend, Post Hopkins ( John G. Pare and Edward T. Post of counsel), for appellant.
Francis E. Dorn and Joseph Hausman for respondent.
Plaintiff having foregone the opportunity to apply for life insurance on his wife without medical examination in a lesser sum and thereby changed his position to his detriment (if defendant's rejection of the application be permitted to succeed) solely on the representations and actions of defendant's agent, which defendant in nowise disaffirms or reprehends, it is our view that defendant is now estopped to deny the validity of the signature on the application. ( Wells v. Metropolitan Life Ins. Co., 19 App. Div. 18, 25-26, affd. 163 N.Y. 572; Pickett v. Metropolitan Life Ins. Co., 20 App. Div. 114; McElwain v. Metropolitan Life Ins. Co., 33 App. Div. 60), or the sufficiency of the information furnished and the effectiveness of the receipt for one month's premium in providing temporary interim insurance in the amount of the policy applied for ( Lampke v. Metropolitan Life Ins. Co., 279 N.Y. 157, 164-165); 16A Appelman Insurance Law and Practice, § 9102).
The judgment and order should be affirmed, with $25 costs.
Concur — FINE, J.P., LUPIANO and QUINN, JJ.
Judgment and order affirmed, etc.