Walsh v. . Hartford Fire Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered upon an order of the trial court. (Reported below, 9 Hun, 421.) This action was upon a policy of fire insurance. The material provisions of the policy and the facts appear sufficiently in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered upon an order of the trial court. (Reported below, 9 Hun, 421.) This action was upon a policy of fire insurance. The material provisions of the policy and the facts appear sufficiently in the opinion. Upon the trial the court directed the jury to find the value of the property, reserving the question as to which party was entitled to judgment, and thereafter decided that defendant was so entitled and ordered judgment accordingly. A forfeiture of the…
1Opinion of the CourtAndrews, J.
The policy contains the following conditions and provisions : “If the premises hereby insured shall become vacated by the removal of the owner or occupant, and so remain for more than fifteen days without notice to the company and consent indorsed hereon, then the policy shall be void. And it is further expressly covenanted by the parties hereto that no officer, agent or representative of this company shall be held to have waived any of the terms and conditions of the policy, unless such waiver shall be indorsed hereon in writing. This policy is made and accepted upon the above express…
2Cases cited3 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Clark v. Metropolitan BankThe Superior Court of New York City · 1854
3Cited by107 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Scientific Holding Company, Ltd. v. Plessey IncorporatedCourt of Appeals for the Second Circuit · 1974
- Wen Kroy Realty Co. v. Public National Bank & Trust Co.New York Court of Appeals · 1932
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
102 more not listed; retrieve them via the Exa API.