Gray v. . Germania Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered February 27,1895, affirming a judgment in favor of plaintiffs entered upon a verdict.
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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered February 27,1895, affirming a judgment in favor of plaintiffs entered upon a verdict. The action was upon a policy of fire insurance for one thousand dollars, issued by the defendant October 1, 1892, insuring the goods of the plaintiffs in their store at Ilaverstraw, M. Y. It was a Mew York standard policy, and prohibited other insurance unless the consent of the company was indorsed thereon. It also provided that none of its agents should have power to waive any of its provisions…
1Opinion of the CourtMartin, J.
The only question we are called upon to determine in this case is whether the knowledge of the defendant’s agent that the plaintiffs intended to procure other insurance upon the property covered by the defendant’s policy constituted a waiver of the provision therein prohibiting other insurance without the indorsement upon the policy of an agreement to that effect. The courts below have so held. This conclusion was based upon the theory that as the defendant’s agent knew that the plaintiffs intended to procure other insurance when the policy in suit was issued, and delivered it with that…
2Cases cited10 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Short v. . Home Insurance CompanyNew York Court of Appeals · 1882
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hronish v. Home InsuranceSouth Dakota Supreme Court · 1914
- Spalding v. New Hampshire Fire InsuranceSupreme Court of New Hampshire · 1902
- International Ferry Co. v. American Fidelity Co.New York Court of Appeals · 1913
- Rogers v. Home InsuranceMissouri Court of Appeals · 1911
- Carleton v. Patrons' Androscoggin Mutual Fire InsuranceSupreme Judicial Court of Maine · 1912
8 more not listed; retrieve them via the Exa API.