McDowell v. St. Paul Fire & Marine Insurance
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 19, 1911, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 19, 1911, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Where the policy does not contain a mortgagee clause and the insured fails to make a claim, the proof of loss required by the policy cannot be made by a mortgagee to whom the policy is payable. (1 Clement on Fire Ins. 207; Graham v. Phœnix Ins. Co., 77 N.…
1Opinion of the CourtMiller, J.
This action was brought by the plaintiff, a mortgagee, upon a policy of fire insurance issued to the mortgagor, and the single question involved is whether the refusal of the mortgagor to make proof of loss at the request of the mortgagee prevents a recovery by the latter, who, upon such refusal and within the time limited by the policy, furnished such proof to the defendant. There was no mortgagee clause or rider attached to the policy, but only the following indorsement on its face, viz.: “Loss, if any, first payable to John McDowell, Mortgagee, as his interest may appear.”
The standard fire…
2Cases cited15 opinions
- Eddy v. London Assurance Corp.New York Court of Appeals · 1894
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Weed v. London & Lancashire Fire InsuranceNew York Court of Appeals · 1889
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Smith v. Germania Fire InsuranceOregon Supreme Court · 1922
17 more not listed; retrieve them via the Exa API.