Appellate Division Ruling on UberEats Contract Highlights Evolution of 'Holding the Pen' Concepts
By handing the iPhone to their daughter, plaintiffs handed their 21st century "pen" to her.
October 05, 2024 at 11:49 AM
3 minute read
ContractsThe phrase "holding the pen" has particular meaning in the specialized world of insurance and reinsurance: the insurance company is held to the coverage terms when signed by an agent or broker who has been authorized, directly or indirectly, to act in the carrier's behalf. The legal doctrines of actual and apparent authority are, of course, a staple of corporate and other contractual litigation. A recent unpublished Appellate Division opinion, though, suggests an application to the world of computer websites, online contracting, and mobile phones that give new, if somewhat attenuated, meaning to "holding the pen."
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