MATTER OF STATE FARM MUT. AUTO. (WYNNS)


129 Misc.2d 661 (1985)

In the Matter of the Arbitration between State Farm Mutual Automobile Insurance Company, Petitioner, and Niulka Wynns et al., Respondents.

Supreme Court, Trial Term, Queens County.

August 29, 1985


Attorney(s) appearing for the Case

Diamond, Rutman & Costello for petitioner. Benjamin Purvin for Allstate Insurance Company, respondent. Cooperstein, Beck & Rubin (James J. McDonald of counsel), for General Accident Fire and Life Assurance Company, Ltd., respondent.


HERBERT A. POSNER, J.

Can an insurer be held liable to a third party for an accident involving a motor vehicle for which it has no record of ever authorizing a binder, ever receiving a premium, ever issuing a policy, and the accident occurred more than two months after the alleged binder was issued by the motorist's broker? The answer to this question, of apparent first impression, is — Yes! However, I hasten to add the qualification — provided...

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