Legal Opinion
Patti v. Monarch Insurance
New York Supreme Court
Decided October 21, 1977PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Frank Composto, J.
In this action for the recovery of proceeds under a livestock mortality insurance policy, both parties move for summary judgment.
*889The plaintiffs’ race horse, insured under the policy, was humanely destroyed in February, 1977. The defendant insurance company thereafter denied plaintiffs’ claim for the $18,-000 in insurance proceeds on the ground that the plaintiffs failed to comply with the immediate notice provision contained in the general conditions of the policy, which provision reads as follows:
"1. NOTICE OF SICKNESS OR INJURY:
In the event of any…
2Cases cited5 opinions
- Security Mutual Insurance v. Acker-Fitzsimons Corp.New York Court of Appeals · 1972
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Underwriters at Lloyds, London v. HarkinsCourt of Appeals of Texas · 1968
- Circle 4 Stables, Inc. v. National Surety Corp.Court of Appeals of Texas · 1970
3Cited by1 opinion
- Wolfson v. Insurance Co. of FloridaDistrict Court of Appeal of Florida · 1984