Matthews v. American Central Insurance
Appellate Division of the Supreme Court of the State of New York
Action by William. Matthews, as executor of the last will and testament of Caroline Silvernail, deceased, against the American Central Insurance Company on a fire insurance policy. A verdict was directed in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard in the appellate division in the first instance. Granted.
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Action by William. Matthews, as executor of the last will and testament of Caroline Silvernail, deceased, against the American Central Insurance Company on a fire insurance policy. A verdict was directed in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard in the appellate division in the first instance. Granted. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail, for three years, against damage by fire, to an amount not exceeding $1,050, on the following property : $400 on her frame dwelling-house ; $450 on her…
1DissentAdams, J.
(dissenting).—The policy of insurance upon which this action is founded, and which is known as a “ standard policy,” contains, in addition to the usual requirement that proofs of loss shall be furnished within 60 days after the fire, the following provision:
“Ho suit or action on this policy for the recovery of any claim shall be maintainable in any court of law or equity until after the full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months after the fire.”
It is not claimed that there has been a literal compliance with these requirements,…
2Cases cited13 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
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