Kiernan v. Dutchess County Mutual Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered July 20, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to set aside an award, made by appraisers under a policy of fire insurance, as fraudulent and void and to recover the amount of the policy.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered July 20, 1894, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to set aside an award, made by appraisers under a policy of fire insurance, as fraudulent and void and to recover the amount of the policy. The complaint, in addition to such allegations as are necessary to authorize a recovery upon a policy in an action at law, also set forth the award and alleged that the plaintiff was induced to execute the…
1Opinion of the CourtVann, J.
Two questions are presented by this appeal: I. Whether the defendant waived any forfeiture that otherwise it would have had the right to insist upon. 2’ Whether the award was properly set aside. The policy in question contained the following clause : “ This entire policy * * * shall be void if * * * the interest of the insured be other than unconditional and sole ownership * * * or jf the subject of insurance be personal property and be or become incumbered by a chattel mortgage.” It also con tained the usual provision for an appraisal in case of loss by “ two competent and disinterested…
2Cases cited13 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
8 more not listed; retrieve them via the Exa API.
3Cited by77 opinions
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
- Den-Tal-Ez, Inc. v. Siemens Capital Corp.Supreme Court of Pennsylvania · 1989
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- New York v. AMRO Realty Corp.Court of Appeals for the Second Circuit · 1991
72 more not listed; retrieve them via the Exa API.