Legal Opinion

Goldner v. Otsego Mutual Fire Insurance

New York Supreme Court

Decided February 3, 1972PublishedCited by 1 opinion

1Opinion of the CourtA. Franklin Mahoney, J.

The parties to this action have assumed, without admitting, certain facts. Plaintiffs were the owners of a building in Liberty, New York, in which they conducted a restaurant business. Defendants had in effect on July 28, 1969 policies of insurance covering the premises. Torrential rains fell on Liberty causing a stream, immediately to the rear of the insured premises, to overflow its banks on July 28, 1969. Flood waters surrounded the premises and began to seep under the rear door of the restaurant. Approximately 30 minutes after the overflow one or more propane gas tanks *1004to the rear of the…

2Cases cited4 opinions

  1. Mork v. Eureka-Security Fire & Marine Insurance Co.Supreme Court of Minnesota · 1950
  2. Hallas v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1951
  3. Gerrity v. Charter Oak Fire Ins.District Court, District of Columbia · 1949
  4. Charter Oak Fire Ins. Co. v. Gerrity United States Fire Ins. Co. Of New York v. GerrityCourt of Appeals for the D.C. Circuit · 1950

3Cited by1 opinion

  1. Goldner v. Otsego Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1972

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