Legal Opinion

Guardian Life Insurance v. Chemical Bank

New York Court of Appeals

Decided February 22, 2000PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

Over a period of 10 years, ending in 1989, Jerome Rutberg, an insurance broker working for the Baer Insurance Agency in Philadelphia, perpetrated a fraudulent scheme by which he procured checks from plaintiff Guardian Life Insurance Company of America, representing policy loans or dividend withdrawals made payable to Guardian policyholders who had purchased life insurance though Baer, and pocketed the proceeds by forging the payees’ indorsements. Guardian sued defendant Chemical Bank, the drawee on all the checks, for damages of over $253,000, the aggregate value…

2Cases cited13 opinions

  1. Underpinning & Foundation Constructors, Inc. v. Chase Manhattan Bank, N.A.New York Court of Appeals · 1979
  2. Prudential-Bache Securities, Inc. v. Citibank, N. A.New York Court of Appeals · 1989
  3. Bohlinger v. ZangerNew York Court of Appeals · 1954
  4. Allen v. German American InsuranceNew York Court of Appeals · 1890
  5. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Chemical BankNew York Court of Appeals · 1982

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3Cited by10 opinions

  1. Triolo v. Nassau CountyCourt of Appeals for the Second Circuit · 2022
  2. CITIGROUP, INC. v. Industrial Risk InsurersDistrict Court, S.D. New York · 2004
  3. Liverpool Club Corp. v. Wausau InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
  4. Arch Specialty Insurance Company v. TDL Restoration, Inc.District Court, S.D. New York · 2020
  5. Continental Casualty Co. v. AON Risk Services Co.Appellate Division of the Supreme Court of the State of New York · 2008

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