Salzano v. Marine Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Marine Insurance Company, Limited, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 15th day of April, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Foote, J. :
Plaintiff has recovered upon a policy of insurance for damage to her automobile by fire. The policy contained a clause making it void “if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof.” One of the defenses was the alleged misrepresentations of plaintiff’s agent as to the year of manufacture and the cost of the car to plaintiff.
A Mr. Kennedy was an insurance broker in Buffalo. He had in his employ as a solicitor one Mooney, who solicited plaintiff, through her agent, to insure…
2Cases cited9 opinions
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- Pollock v. German Fire-InsuranceMichigan Supreme Court · 1901
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
- Wood v. Firemen's Fire InsuranceMassachusetts Supreme Judicial Court · 1879
- Northrup v. PizaAppellate Division of the Supreme Court of the State of New York · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People Ex Rel. Kirkman v. Van AmringeNew York Court of Appeals · 1935
- Gabriel v. AttigliatoNew York Supreme Court · 1968
- Soanes v. Empire Blue Cross/Blue ShieldDistrict Court, S.D. New York · 1997
- Murphy v. Frank B. Hall & Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Murphy v. Frank B. Hall & Co.Appellate Division of the Supreme Court of the State of New York · 1930