Goldbard v. Empire State Mutual Life Ins. Co.
Supreme Court of New York, Appellate Division
171 N.Y.S.2d 194 (1958)
After Goldbard (plaintiff), a barber, injured his hand, he filed a disability insurance claim with his insurer, Empire State Mutual Life Ins. Co. (Empire Mutual) (defendant). Empire Mutual disagreed with the severity of the injury, and the parties’ dispute was brought before the State Insurance Department (Department). While meeting before a Department representative, Empire Mutual offered Goldbard $800 to settle the dispute, provided that Goldbard surrender his policy, which would be terminated. Goldbard rejected the offer. Later that day, however, Goldbard asked the Department representative to convey to Empire Mutual his acceptance of the $800 and his agreement not to seek renewal of the policy. Empire Mutual sent Goldbard a letter instructing him to surrender his policy and sign a release in order to receive the $800. Goldbard did not respond. He then filed a lawsuit against Empire Mutual. The Municipal Court judge found in Goldbard’s favor after a nonjury trial and awarded him $2,800. The Appellate Term reduced the award to $800, and Goldbard appealed.
Rule of Law
Holding and Reasoning (Breitel, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.