Legal Opinion

Guardian Life Insurance v. Chemical Bank

New York Supreme Court

Decided November 18, 1997PublishedCited by 2 opinions

1Opinion of the Court

*838OPINION OF THE COURT

Lewis R. Friedman, J.

Defendant’s summary judgment motion raises a serious question of the meaning of UCC 3-405 (1) (c). The operative facts are not in dispute, only their legal consequences.

This case is the outgrowth of a fraudulent scheme perpetrated by Jerome Rutberg, an insurance agent and broker, who worked with the Baer Insurance Agency in Philadelphia. Rut-berg’s scheme was simple. He would telephone the Guardian Life Insurance Transaction Service representative and request a check for a life insurance loan or policy dividend withdrawal for named policyholders. The…

2Cases cited6 opinions

  1. Prudential-Bache Securities, Inc. v. Citibank, N. A.New York Court of Appeals · 1989
  2. Sands v. Granite Mutual InsuranceSuperior Court of Pennsylvania · 1974
  3. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Chemical BankNew York Court of Appeals · 1982
  4. Getty Petroleum Corp. v. American Express Travel Related Services Co.New York Court of Appeals · 1997
  5. Witten Productions, Inc. v. Republic Bank & Trust Co.Court of Appeals of North Carolina · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Guardian Life Insurance Co. of America v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1999
  2. Guardian Life Insurance Co. of America v. Chemical BankAppellate Division of the Supreme Court of the State of New York · 1999

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