Legal Opinion · Dissent

Sternaman v. Metropolitan Life Insurance

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

Decided March 21, 1900Published

Appeal from trial' term, Erie county. Action by Olive A. Sternaman against the Metropolitan Life Insurance Company. From a judgment in favor of defendant, plaintiff appeals.

1DissentSpring, J.

The medical examiner was selected and paid by the defendant. He was in fact its representative. The acts he did were for the defendant, and they stamp his relation to it, regardless of what the policy and its precedent application may state. The attempt to evade responsibility for his acts on the assumption that he was the agent of the insured finds no warrant in what he did, or the position he occupied. It is against public policy to hold that a physician who is the salaried appointee of an insurance company is not its agent, but is acting for every applicant for insurance in such company.…

2Cases cited9 opinions

  1. Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
  2. Royal Neighbors of America v. BomanIllinois Supreme Court · 1898
  3. Pudritzky v. Supreme Lodge Knights of HonorMichigan Supreme Court · 1889
  4. Flynn v. . Equitable Life Ins. Co.New York Court of Appeals · 1879
  5. Bernard v. United Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897

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