Legal Opinion · Dissent

Metropolitan Life Insurance v. Durkin

Appellate Division of the Supreme Court of the State of New York

Decided February 14, 1950Published

1DissentDore, J.

In my opinion both sections of the statute before us for construction, by clear and unambiguous language and without any qualification or exception express or implied, forbid any life insurance company in the State of New York from paying to agents compensation greater than that determined by an “ agreement made in advance of the payment ” (of the premium under [§ 213, subd. 7], and of the services under [§ 213-a, subd. 5]). That is what the statutes plainly say and that is what they mean. The acts in question are found (art. IX-A. “ Life, Accident and Health Insurance Companies and…

2Cases cited8 opinions

  1. J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
  2. In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
  3. Martin v. CampanaroCourt of Appeals for the Second Circuit · 1946
  4. Corona Coal Co. v. United StatesSupreme Court of the United States · 1924
  5. Employers Group of Motor Freight Carriers, Inc. v. National War Labor BoardCourt of Appeals for the D.C. Circuit · 1944

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