Sturm v. Atlantic Mutual Insurance
The Superior Court of New York City
Appeal from judgment entered on the verdict of a jury, and from an order denying a motion for a new trial, made on the minutes. The facts appear in the opinion of the court. urged;—I. While a policy valuation made in good faith is conclusive upon the parties, a fraudulent misrepresentation resulting in an improper valuation avoids the policy (Haigh v. De La Cour, 3 Campb. 319 ; Protection Ins.
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Appeal from judgment entered on the verdict of a jury, and from an order denying a motion for a new trial, made on the minutes. The facts appear in the opinion of the court. urged;—I. While a policy valuation made in good faith is conclusive upon the parties, a fraudulent misrepresentation resulting in an improper valuation avoids the policy (Haigh v. De La Cour, 3 Campb. 319 ; Protection Ins. Co. v. Hall, 15 B. Monr. 411, and other cases). It is maintained by some of the American authorities that an excessive valuation without fraud is ground only for equitable reformation of the policy by…
1Opinion of the Court
By the Court.—Van Vorst, J.
This action is brought to recover thirty thousand dollars claimed *297under a policy of insurance written by the defendants upon cargo delivered by plaintiff upon the schooner Samuel T. Keese ; the vessel and cargo being wholly lost before reaching the port of destination. The answer of the defendants denied the cause of action, averred in the complaint, and especially the shipment of the cargo, and the value claimed for same, the prosecution of the voyage, the fitness or due fitting out of The vessel, and the loss by any sea peril as having been made or incurred in…
2Cases cited13 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Welsh v. . DarraghNew York Court of Appeals · 1873
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
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