Traders' Insurance v. Robert
New York Supreme Court
Error from the superior court of the city of New-York. A suit was brought in the name of Thomas Robert against the insurance company on three policies against fire, bearing date 5th June, 1827,whereby certain buildings were insured for the term of five years.
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Error from the superior court of the city of New-York. A suit was brought in the name of Thomas Robert against the insurance company on three policies against fire, bearing date 5th June, 1827,whereby certain buildings were insured for the term of five years. The policies contained the usual clause that if the assured or his assigns effected any other insurance on the same property, and should not with all reasonable diligence give notice, &c. the policies should cease; and that in case of loss the assured should declare on oath whether any, and what other insurance had been made on the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only difficulty in the case grows out of the fact that the policies on which tins suit was brought, were assigned to the mortgagee of the premises, and that the mortgagor subsequently insured his remain-*409mg interest in another office without giving notice to the de» fondants. There is no doubt that persons owning different interests in the same subject, may insure their several interests. A mortgagor and mortgagee may each insure the same building, and it seems their particular interest need not be described in the policy; it may be described as the property of…
2Cited by36 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Hathaway v. Orient InsuranceNew York Court of Appeals · 1892
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