New York Court of Appeals
Sylvia Rosenberg v. Equitable Life Assurance…
June 11, 199279 N.Y.2d 663
Summary
The New York Court of Appeals reversed the Appellate Division, holding that the insurer is not vicariously liable for the independent contractor physician’s negligence because a stress EKG is not an inherently dangerous activity, and the insurer also has no duty to obtain the applicant’s informed consent to the exam.