Connecticut Fire Insurance v. Erie Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, entered upon an, order setting aside a verdict in favor of plaintiff, and dismissing the complaint. (Reported below, 10 Hun, 59.) This action was brought to recover the amount of a loss paid by plaintiff, under a policy of insurance issued by it,, which loss it alleged was occasioned by defendants negligence.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, entered upon an, order setting aside a verdict in favor of plaintiff, and dismissing the complaint. (Reported below, 10 Hun, 59.) This action was brought to recover the amount of a loss paid by plaintiff, under a policy of insurance issued by it,, which loss it alleged was occasioned by defendants negligence. On payment of the policy plaintiff was equitably subrogated to a right of action against the defendant, arising out of the latter’s liability to…
1Opinion of the Court
Church, Ch. J.
It must be assumed from the verdict of the jury that the buildings were burned through the negligence of the defendant’s agents and servants, and it is too well-settled to render the citation of authorities necessary, that as between the plaintiff, the insurer, and the defendant, the latter was ultimately liable for the loss. A fire policy is a contract of indemnity, and if a loss is occasioned by the wrongful act of another the insurer is subrogated to the lights and remedies of the assured, and may maintain an action against the wrong-doer. If the assured receives the damages…
2Cases cited2 opinions
- Clark v. WilsonMassachusetts Supreme Judicial Court · 1869
- Atlantic Insurance v. StorrowNew York Court of Chancery · 1833
3Cited by64 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Chicago, St. Louis & New Orleans Railroad v. Pullman Southern Car Co.Supreme Court of the United States · 1891
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Silinsky v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
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