Bloomingdale v. Columbia Insurance
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by William C. Bloomingdale against the Columbia Insurance Company. Judgment for plaintiff, and defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
The condition of the policy in suit that the insured “shall not enter into any special agreement with the carrier re*573leasing them from their common-law or statutory liability,” and that the insurer might demand subrogation to the rights of the insured against the carrier, was obviously broken by the actual and undisputed release of the carrier as entered into by the insured and continued during the life of the policy. This being an absolute condition and unambiguous, the breach avoided the policy, irrespective of any reasons which may have led the parties to make it (Foot v. Ins. Co., 61 N. Y.…
2Cited by7 opinions
- Universal Credit Co. v. Service Fire InsuranceCourt of Appeals of Georgia · 1943
- Maryland Motor Car Ins. Co. v. Haggard.Court of Appeals of Texas · 1914
- Rogers v. American Fidelity & Casualty Co.New Jersey Superior Court Appellate Division · 1958
- Camden Fire Insurance v. BleemNew York City Court · 1928
- Smith v. Phoenix InsuranceMissouri Court of Appeals · 1914
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