The following excerpt is from Diesel Motors Co., Inc. v. Kaye, 345 N.Y.S.2d 870, 74 Misc.2d 302 (N.Y. Cty. Ct. 1973):
Insofar as he may have paid the insurer or otherwise serviced the policies as for example, making claims, increasing the liability or giving notices to the insurer, it was acting in the capacity of an agent for the insured, Bohlinger v. Zanger, 306 N.Y. 228, 232, 117 N.E.2d 338, 339.
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