Gaffey 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 November 16, 1914, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1914, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement effected by these letters constituted a novation between the parties and displaced the policy, so far as it related to the matter in question, to wit, the adjustment and payment of the loss. There was a valid compromise of a…
1Opinion of the CourtHogan, J.
May 1st, 1911, defendant issued to plaintiffs a policy of insurance upon a,n automobile delivery truck, wherein it insured plaintiffs to an amount not exceeding two thousand five hundred dollars, against loss or damage by fire. By the terms of the policy, the automobile insured (body, machinery and equipment) was by agreement of the parties valued at the sum for which the same was insured, namely, $2,500.
The policy provided:
“25. This Company shall be liable to pay hereunder such proportion of any ascertained loss or damage as the sum insured bears to the said valuation.”
“ 12. In ascertaining…
2Cases cited3 opinions
- Morrell v. . Irving Fire Insurance Co.New York Court of Appeals · 1865
- Wynkoop v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883
- Heilmann v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
3Cited by6 opinions
- Home Mutual Insurance v. StewartSupreme Court of Colorado · 1940
- Williams v. Farm Bureau Mutual Insurance Co. of MissouriMissouri Court of Appeals · 1957
- Putnam v. Otsego Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1974
- Village of Upper Nyack v. Christian & Missionary AllianceNew York Supreme Court · 1988
- Sirota v. Econo-Car International, Inc.Court of Appeals for the Second Circuit · 1977
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