Legal Opinion
Miller v. Stuyvesant Insurance
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 1928PublishedCited by 4 opinions
1Opinion of the CourtMcAvoy, J.
Judgment was rendered in favor of the plaintiffs in this action on a fire insurance policy. The policy was the New York-New Jersey standard form which was then in use. The assured is the Nitro Powder Corporation of New Jersey. It is not a party to the action because the suit was brought by a concern known as Miller & Company who were appointees under a loss payable clause which reads: “ Loss, if any, payable to Miller & Co., as interest may appear.”
The two questions which are litigated are: A question of law as to whether or not the limitation of time for suit contained in the policy is one…
2Cases cited3 opinions
- Heilbrunn v. . German Alliance Insurance Co. of New YorkNew York Court of Appeals · 1911
- McDowell v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1913
- Salomon v. North British & Mercantile InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- J. & T. Enterprises, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1981
- Nieschlag & Co., Inc. v. Atlantic Mut. InsuranceDistrict Court, S.D. New York · 1941
- G.E. Capital Mortgage Services, Inc. v. DaskalAppellate Division of the Supreme Court of the State of New York · 1995
- Howe v. Mill Owners Mutual Fire Insurance Co. of IowaNew York Supreme Court · 1933