Claim of Piluso v. Travelers Insurance

Appellate Division of the Supreme Court of New York

Claim of Piluso v. Travelers Insurance

229 A.D. 812

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1930

StatusPublished

This text of 229 A.D. 812 (Claim of Piluso v. Travelers Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Piluso v. Travelers Insurance, 229 A.D. 812 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

The “ binder ” issued by an authorized agent of the insurance carrier had by its terms expired before the accident. The employer and the claimant rely on an oral agreement to insure, although it appears that the carrier declined the risk during the “ binder ” period. There is lacldng proof of authority on the part of the agent to issue the policy or assume the risk by oral agreement. [813]*813(Matter of Lane v. Lane Iron Works, ante, p. 50.) Van Kirk, P. J., Davis, Hinman, Hill and Hasbrouck, JJ., concur. Award against the insurance carrier reversed and claim remitted, with costs to the insurance carrier against the State Industrial Board to abide the event.

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Per Curiam.

The “ binder ” issued by an authorized agent of the insurance carrier had by its terms expired before the accident. The employer and the claimant rely on an oral agreement to insure, although it appears that the carrier declined the risk during the “ binder ” period. There is lacldng proof of authority on the part of the agent to issue the policy or assume the risk by oral agreement. [813]*813(Matter of Lane v. Lane Iron Works, ante, p. 50.) Van Kirk, P. J., Davis, Hinman, Hill and Hasbrouck, JJ., concur. Award against the insurance carrier reversed and claim remitted, with costs to the insurance carrier against the State Industrial Board to abide the event.

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Bluebook (online)

229 A.D. 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-piluso-v-travelers-insurance-nyappdiv-1930.