Legal Opinion

McAllaster v. . Niagara Fire Ins. Co.

New York Court of Appeals

Decided May 13, 1898PublishedCited by 4 opinions

Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered February 26, 1895, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the late General Term of the Supreme Court in the second judicial department, entered February 26, 1895, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Under the standard policy of the state of New York, the insurer has thirty days from the final ascertainment of the loss or sum of money payable under the policy within which to make its election to rebuild, and such final ascertainment is an award by appraisers when an appraisal has been…

1Opinion of the CourtBartlett, J.

This is an action upon the standard policy of fire insurance. Two principal questions are presented by this appeal: First, was the defendant’s election to rebuild, made in time; second, if not, is plaintiff estopped' from insisting that the time to make this election had expired ?

Plaintiff’s house was situated at Congers, Rockland county, and insured for two thousand dollars. This insurance was carried by the defendant and the Agricultural Insurance Conn pany, of Watertown, New York.

The house was completely consumed by fire on August 27th, 1893, and on October 25th following, the plaintiff •…

2Cases cited4 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
  3. Van Tassel v. . Greenwich Ins. Co.New York Court of Appeals · 1896
  4. Clover v. . Greenwich Ins. Co.New York Court of Appeals · 1886

3Cited by4 opinions

  1. Peabody v. . SatterleeNew York Court of Appeals · 1901
  2. Elliott v. Merchants & Bankers Fire InsuranceSupreme Court of Iowa · 1899
  3. Alliance Cooperative Insurance v. ArnoldSupreme Court of Kansas · 1902
  4. Langan v. Ætna Ins. Co.U.S. Circuit Court for the District of Northern Iowa · 1899

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