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MATTER OF RODRIGUEZ v. PENN MUTUAL LIFE INSURANCE COMPANY

528753.

193 A.D.3d 1190 (2021)

147 N.Y.S.3d 187

2021 NY Slip Op 02195

In the Matter of the Claim of Rudy A. Rodriguez, Respondent. Penn Mutual Life Insurance Company, Appellant. Commissioner of Labor, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 8, 2021.

Attorney(s) appearing for the Case

Morgan, Lewis & Bockius LLP, New York City ( Sarah L. Huff of counsel), for appellant.

Salvatore C. Adamo , Albany, for Rudy A. Rodriguez, respondent.

Letitia James , Attorney General, New York City ( Dawn A. Foshee of counsel), for Commissioner of Labor, respondent.

Egan Jr., J.P., Lynch, Clark and Reynolds Fitzgerald, JJ., concur.

In May 2013, claimant, a licensed insurance broker and agent during the time period in question, entered into a written agreement with Penn Mutual Life Insurance Company (hereinafter Penn Mutual) to act as an agent for Penn Mutual selling insurance. Thereafter, in August 2013, claimant and Penn Mutual executed a written Full-Time Soliciting...

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