EAGLE INS. CO. v. PUNCTUAL EXPRESS, INC.


251 A.D.2d 536 (1998)

673 N.Y.S.2d 926

Eagle Insurance Company, Respondent, v. Punctual Express, Inc., et al., Defendants, and Nestor Bailly, Appellant

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

June 22, 1998


Ordered that the judgment is affirmed, with costs.

Despite the alleged representations of the plaintiff's employee to the appellant, the plaintiff established that it did not issue a policy of insurance liability to Punctual Express, Inc., covering the vehicle or date in question. Thus, because a policy of insurance between the plaintiff and the alleged tortfeasor never existed, it cannot be created by equitable estoppel (see, Van Buren v Employers Ins....

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