Klein v. Supreme Council of Loyal Ass'n
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of tbe City Court of tbe city of New York, entered upon a verdict in plaintiff’s favor and from an order denying motion for new trial.
1DissentBijur, J.
I'dissent. I am unable to distinguish this case from Wood v. American F. Ins. Co., 149 N. Y. 382; Skinner v Norman, 165 id. 565, and Stewart v. Union Mutual L. I. Co., 155 id. 257, which hold in substance that the breach of a condition in a policy of insurance may at the inception of the policy be waived by the general agent who delivers the same with knowledge of the breach of the condition even though the policy contain a provision that no such waiver may be made by the agent.
The adherence of our courts to this doctrine, notwithstanding the contrary attitude of the Supreme Court of the…
2Cases cited4 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Russell v. Prudential Insurance of AmericaNew York Court of Appeals · 1903
- McClelland v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1912