Appellate Division of the Supreme Court of New York, 1972

Golden Eagle Mutual Life Insurance v. Stewart

Golden Eagle Mutual Life Insurance v. Stewart
Appellate Division of the Supreme Court of New York · Decided February 28, 1972
38 A.D.2d 824; 329 N.Y.S.2d 643; 1972 N.Y. App. Div. LEXIS 5264
Golden Eagle Mutual Life Insurance v. Stewart

Opinion of the Court

In this article 78 proceeding, the determination of the Superintendent of Insurance dated February 6, 1970 overruling the petitioner’s objections, is unanimously confirmed, without costs and without disbursements. With respect to that provision in the collective bargaining agreement providing for an “irrevocable beneficial interest” for petitioner’s debit agents, while the Superintendent’s expert knowledge of the insurance industry and the substantial evidence test (Matter of Danzo Estate v. New York State Liq. Auth., 27 N Y 2d 469) mandated the result here, it would seem that a change in the “ label ” applied to that situation and in the delineation of the arrangement, could lead to a contrary conclusion. Concur — Stevens, P. J., McGivern, Markewich, Kupferman and Tilzer, JJ.

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