Legal Opinion

Tindall v. Continental Insurance

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1937PublishedCited by 6 opinions

1Opinion of the CourtTaylor, J.

The principal question presented on this appeal is whether the provision, in a fire insurance policy that no suit or action on the policy shall be sustainable in any court of law or equity unless commenced within twelve months next after the fire, is applicable to an action brought to recover a judgment directing a cancellation of a mortgage that had been assigned to the defendant insurance company upon payment, by it to the mortgagee, of the amount thereon due.

On March 20, 1933, plaintiff’s house and the personal property therein were destroyed by fire. The destroyed property was covered by…

2Cases cited11 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
  3. Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
  4. Loewenstein v. Queen InsuranceSupreme Court of Missouri · 1910
  5. Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Silinsky v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
  2. Gibbs v. Hawaiian Eugenia Corp.Court of Appeals for the Second Circuit · 1992
  3. Peters v. St. Paul Fire & Marine Insurance CompanyDistrict Court, S.D. New York · 1963
  4. Kahane v. American Motorists InsuranceCivil Court of the City of New York · 1971
  5. Gibbs v. Hawaiian Eugenia CorporationCourt of Appeals for the Second Circuit · 1992

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API