Preston v. Union Assurance Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Veryl Preston, from a judgment of the Supreme Court-in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of November, 1905, upon the report of a referee, dismissing the complaint upon the merits..
1Opinion of the Court
Ingraham, J.:
The same question is presented in this case as in Preston v. Ætnia Ins. Co. (118 App. Div. 784,) decided herewith. There is a slight difference in the form of the exception, which in this case is as follows : “ It is a condition of this policy that this company is not liable for any loss or damage to an automobile, any of its parts or its content's insured under this policy caused by fire originating in the automobile itself.” It seems to me that the reasonable construction of this clause as in the Ætna Ins. Co. case is that the exception is to relate to a fire the exciting cause…
2Cases cited1 opinion
- Preston v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1907