Stacy v. New Baltimore Mutual Insurance Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New Baltimore Mutual Insurance Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 24th day of November, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 6th day of December, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
H. T. Kellogg, J.:, This action is brought to recover upon a fire insurance policy for the loss of a dwelling house and contents. When the policy was issued there was already outstanding upon the same property a policy issued to the husband of the plaintiff by the Fidelity-Phoenix Insurance Company. Subsequently the policy of the husband was transferred to the plaintiff, together with all his interest in the property insured. Thereupon the policies expanded to cover the merged interests and *125the property became doubly insured. (Hooper v. Hudson River Fire Ins. Co., 17 N. Y. 424.)
The policy in…
2Cases cited4 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Hooper v. . the Hudson River Fire Insurance CompanyNew York Court of Appeals · 1858
- Vose v. Hamilton Mutual InsuranceNew York Supreme Court · 1862
3Cited by2 opinions
- Parker v. American Surety Co.New York Supreme Court · 1941
- Sciarrino v. Glens Falls InsuranceCivil Court of the City of New York · 1970