The opinion of the court was delivered by: HINCKS
This cause coming on to be heard before the undersigned sitting in said court as a Judge of Law and Fact, a jury having been waived, and it being stipulated between the parties hereto that the decision to be made herein shall be predicated upon special findings of fact which the court is requested to make, the court, upon consideration of the competent evidence herein and of the stipulation of the parties hereto, does find the facts to be as follows, to wit:
1. The defendant is a New York corporation engaged in the business of life insurance and having its principal place of business at 34 Nassau Street, in the Borough of Manhattan, City of New York, where it owns and occupies as its home office contiguous buildings known as 34 Nassau Street, 32 Liberty Street, 26 Liberty Street, 55 Cedar Street, 47 Cedar Street and 43 Cedar Street. These buildings are connected on certain floors by hallways. Each building has its own separate set or tier of elevators.
2. The gross rentable area of said buildings is approximately 365,000 square feet. Of this, for purposes of its insurance business the defendant occupies approximately 76%, or 275,000 square feet, and approximately 24%, or 86,000 square feet, is rented out to other tenants, of whose business there is no evidence in this case.
3. The defendant plans, directs and controls its insurance business from its home office as aforesaid and carries it out through agencies which it has established in all the states of the Union except Texas. As an integral part of said business the defendant enters into and performs a multitude of contracts of life insurance and the steps usually taken in the consummation of such contracts are as follows:
(a) An application is filled out by the proposed insured with the help of an agent in the field who provides a printed form therefor received from the home office. The application is returned to the branch office in that territory and a form of medical report is sent to the doctor who is to examine the prospect. The medical report is filled out and signed by the doctor and sent to the branch office.
(b) The application form and medical form are then sent by the branch office to the home office.
(c) At the home office the application form and medical form are channeled to the Selection Department where underwriters read the contained information and determine whether the particular application is acceptable under the rules of the Company.
(d) If the risk is accepted the papers pass on to the Division of Policy Issue where the necessary information is typed on a previously prepared form called a policy form.
(e) The application is photostated.
(f) The policy form and the photostat are checked and if in order are mailed back to the branch office with an 'initial-premium-paid' form.
(g) At the branch office the policy is delivered to the underwriter or agent who takes it to the insured and gets from the insured the premium or stated amount called for in the policy. Until the stated amount is paid, the policy is not delivered.
(h) If the premium is paid the agent brings the check to the branch office. The branch office stamps the initial-premium-paid form.
However, sometimes the initial premium is paid in advance and check therefor accompanies the application blank. The comparative ...