O'Brien v. . Ph&338nix Ins. Co.
New York Court of Appeals
Appeal from judgment of tho General Term of the City Court of-Brooklyn, affirming- a judgment in favor of defendant. entered upon an order dismissing plaintiff’s complaint on trial. This action was brought upon a policy of fire insurance upon buildings occupied as a hotel, with the furniture, fixtures and stock. The facts appear sufficiently in the opinion, The proofs of loss furnished were sufficient and were served in time. (Brink v. Hanover F. Ins.
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Appeal from judgment of tho General Term of the City Court of-Brooklyn, affirming- a judgment in favor of defendant. entered upon an order dismissing plaintiff’s complaint on trial. This action was brought upon a policy of fire insurance upon buildings occupied as a hotel, with the furniture, fixtures and stock. The facts appear sufficiently in the opinion, The proofs of loss furnished were sufficient and were served in time. (Brink v. Hanover F. Ins. Co., 70 N. Y., 593.) Any ambiguity in the policy must be taken most strongly against the insurer. (Hoffman v. Ætna F. Ins. Co., 32 N. Y., 405;…
1Opinion of the CourtMiller, J.
The policy upon which this action was brought contained conditions that the assured shall forthwith give notice to the company of the fire, and, as soon after as possible, render a particular account of such loss. It is claimed, on the part of the defendant, that neither of these conditions was complied with ; and that upon this ground, the judge properly dismissed the complaint, upon the trial.
As to the first ground, it appears that the fire took place on the eighth day of March, 1876. Upon the tenth day of March following, a notice of the loss signed by Ellen E. Gleavy, stating that the…
2Cited by7 opinions
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Taber v. Royal InsuranceSupreme Court of Alabama · 1899
- American Surety Co. v. PaulyCourt of Appeals for the Second Circuit · 1896
- Bowen v. YoungNew York Supreme Court · 1902
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