Stern v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Metropolitan Life Insurance Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of April, 1915, sustaining a demurrer to an affirmative defense in the answer on the ground of insufficiency.
1Opinion of the Court
Hotchkiss, J.:
Plaintiff sues to recover commissions alleged to have been earned by him in placing insurance with the defendant company. The defense demurred to alleges that the plaintiff had no license, as prescribed by section 91 of the Insurance Law, to act as agent. This section provides that no life insurance company doing business in this State shall pay to any person any commission for services in obtaining new insurance unless such person has procured a certificate of authority to act as agent of such company as in the section provided, and that no person shall act as agent or receive…
2Cases cited10 opinions
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
- People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
- People Ex Rel. Lieberman v. . VandecarrNew York Court of Appeals · 1903
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3Cited by5 opinions
- People Ex Rel. Doyle v. . AtwellNew York Court of Appeals · 1921
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- Mendola v. DineenNew York Supreme Court · 1945
- Wilcox v. Home Life Ins.Appellate Division of the Supreme Court of the State of New York · 1915
- Wilcox v. Home Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1915