Draper v. Oswego County Fire Relief Ass'n
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 19, 1906, which reversed a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial and granted 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 fourth judicial department, entered November 19, 1906, which reversed a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The company having elected to examine the insured at Oswego, thereby putting him to trouble and expense, waived its right to claim the invalidity of the policy as to all facts within its knowledge at the time. ( Wise v. P. Ins. Co., 18…
1Opinion of the Court
Cullen, Ch. J.
This action was brought to recover upon a fire insurance policy issued by the defendant, which is a corporation incorporated under the provisions of chapter 362, Laws of 1880, entitled “ An act to provide for the formation of county co-operative insurance companies.” The 7th by-law of the defendant, which was printed in full on the policy, provided: “ Where fire is used in any building upon the premises within one hundred feet of any insured building for the purpose of making sugar or stripping tobacco or curing hops or drying apples this association will not be liable for any…
2Cases cited6 opinions
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- McCoy v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1896
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Knights & Ladies of Columbia Insurance Order v. ShoafIndiana Supreme Court · 1906
- Matson v. . Farm Buildings Insurance Co.New York Court of Appeals · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
- Matter of Met. Life Ins. Co. v. ConwayNew York Court of Appeals · 1930
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- Clark v. . WestNew York Court of Appeals · 1908
72 more not listed; retrieve them via the Exa API.