GOLDBARD V. EMPIRE STATE MUTUAL LIFE INS. CO.
171 N.Y.S.2d 194 (1958)
NATURE OF THE CASE: This was a suit to recover under an insurance policy. Goldbard (P)
challenged a determination modifying a judgment in his favor in an action under an insurance
policy by reducing the award amount.
FACTS: Goldbard (P), a barber, sued Empire State (D) for monthly benefits when P suffered
a fungus infection in his hand that prevented him from working. P sought $2,800 and D
offered to pay only $800. P complained to the State Insurance Department and D again offered
$800 provided that P would not renew his policy. P rejected the offer. P then changed his
mind and accepted the offer and called the Department's representative who informed D. D
sent P a release. P ignored the release and then sued for $2,800. P was awarded $2,800 at
trial. D appealed and the appellate court reduced the award to $800. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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