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HOUSTON v. EMPIRE MUT. INS. CO.

37 A.D.2d 605 (1971)

Jacqueline Houston et al., Respondents, v. Empire Mutual Insurance Company, Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 21, 1971

On November 10, 1965 an insurance broker issued Empire's auomobile liability insurance binder to defendant Nicholson. Empire admits it was bound by this binder and concedes that no policy was ever issued. In the course of investigating the proposed insured Empire discovered he had a learner's permit. It was against company policy to insure a vehicle where no one in the household of the proposed insured held an operator's license; and on December 31, 1965 Empire mailed Nicholson...

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