Austen v. Niagara Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adeline F. Austen, from a judgment of the Supreme Court in favor of the defendant, entered, in the office of the clerk of the county of Westchester on the 2d day of November, 1896, upon the dismissal of her complaint directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of Westchester.
1Opinion of the Court
Goodrich, P. J.:
The action was brought upon a fire insurance policy in the standard form to cover loss on personal apparel, household furniture, etc., resulting from fire at Yorktown Heights, December 19, 1894, and was commenced March 26, 1896. The policy contained the usual clauses, among which were the following: “The loss shall not become payable until sixty days after the notice, ascertainment, estimate and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
“No suit * * * on this policy * * *…
2Cases cited2 opinions
- Barnum v. . Merchants' Fire Ins. Co.New York Court of Appeals · 1884
- Mayor, Aldermen & Commonalty v. Hamilton Fire InsuranceThe Superior Court of New York City · 1863