Appellate Division of the Supreme Court of New York, 1930

Claim of Piluso v. Travelers Insurance

Claim of Piluso v. Travelers Insurance
Appellate Division of the Supreme Court of New York · Decided May 15, 1930
229 A.D. 812
Claim of Piluso v. Travelers Insurance

Opinion of the Court

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(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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.