Riordan v. Automobile Club of New York, Inc.

OPINION OF THE COURT

Hortense W. Gabel, J.

In plaintiff John Riordan’s motion for summary judgment, he seeks to recover the proceeds of an accident insurance policy issued by the defendant Mutual of Omaha Insurance Company (Mutual) for the death of his wife, Charlotte Riordan. The defendants cross-move for summary judgment.

The issue appears to be novel in this State: Is an advertised mail-order solicitation of travel accident insurance an offer to sell insurance which can be accepted by the mailed return of an enrollment application and a check?

In May, 1976, the decedent, Mrs. Riordan, received…