Gerenstein v. Weiner

Plaintiff, as owner of a business for the servicing of neon signs, entered into two contracts with the defendant whereby, for a stated monthly charge, he agreed to replace defective or broken neon tubes, and also to perform other maintenance services in connection with defendant’s signs. Insofar as these contracts obligated plaintiff to replace parts which he had not manufactured or sold they are contracts of insurance, and are unenforcible since plaintiff was not licensed to do an insurance business. (Insurance Law, §§ 40, 41; cf. Automobile Ins. Co. v. Barondess, 107 Misc. 513; 1 Richards…