Hay v. . Star Fire Insurance Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 13 Hun, 496.) The nature of the action and the facts are set forth sufficiently in the opinion. The only contract between the parties was for a policy that should cover plaintiff’s loss after exhausting the mortgage. (Ætna Ins.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 13 Hun, 496.) The nature of the action and the facts are set forth sufficiently in the opinion. The only contract between the parties was for a policy that should cover plaintiff’s loss after exhausting the mortgage. (Ætna Ins. Co. v. Tyler, 16 Wend., 385, 397; Kernochan v. Bowery Ins. Co., 17 N. Y., 428.) The application for a renewal of the policy and the entry in the book…
1Opinion of the Court
Church, Ch. J.
This is an action to reform a policy of insurance, by striking out the following clause : “13. In all cases of loss, the assured shall assign to this company, all his right to receive satisfaction therefor, from any other person or persons, town or corporation, with a power of attorney, to sue for and recover the same, at the expense of this company. When insured as a mortgagee, the loss shall not be payable until payment of such portion of the debt shall have been enforced, as can be collected out" of the original security, to which this policy may be held as collateral, and…
2Cases cited2 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
3Cited by94 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Morgan Stanley Group v. New England Ins. Co.Court of Appeals for the Second Circuit · 2000
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Bauman v. Royal Indemnity Co.Supreme Court of New Jersey · 1961
89 more not listed; retrieve them via the Exa API.