Melcher v. . Ocean Accident Guarantee Corp.
New York Court of Appeals
Appeal from a judgment, entered December 1, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the Court
Cüddeback, J.
The defendant issued to the plaintiff a policy of insurance, whereby the defendant promised and agreed to indemnify the plaintiff against loss on account of bodily injuries received by any person while within the Chatsworth Apartments, which is owned by the plaintiff.
During the life of the policy, and on or about November 3, 1913, one Henry Didier was injured under circumstances which created a liability on the part of the defendant under its policy. Subsequently the plaintiff made claim against the defendant, but the defendant refused to admit its liability on the ground that…
2Cases cited2 opinions
- Chapin v. Ocean Accident & Guarantee Corp.Nebraska Supreme Court · 1914
- Faber v. . City of New YorkNew York Court of Appeals · 1915
3Cited by67 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Haas Tobacco Co. v. . American Fidelity Co.New York Court of Appeals · 1919
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
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