Legal Opinion

Lewis v. London & Lancashire Fire Insurance

Appellate Terms of the Supreme Court of New York

Decided November 15, 1912PublishedCited by 2 opinions

Appeal by the defendant from a judgment in favor of plaintiff, entered in the Municipal Court of the city of New York, borough of Manhattan, sixth district, after a trial by a judge without a jury.

1Opinion of the CourtBijur, J.

Plaintiff sued to recover the unearned premium under a policy of fire insurance issued to her which contained the standard mortgagee clause including the provision “ loss, if any, payable to Mary J. Kingsland as mortgagee.”

The cause of action is based on section 122 of the Insurance Law, which provides that a fire insurance company “ shall cancel any policy of insurance upon the request of the insured,” and shall return the amount of the premium paid less the short-rate premium. When she applied for repayment of the premium, she presented no authorization *177from the mortgagee, nor did she have,…

2Cases cited3 opinions

  1. Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
  2. Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
  3. Lewis v. Guardian Fire & Life Assurance Co. of London, EnglandNew York Court of Appeals · 1905

3Cited by2 opinions

  1. B X Corp. v. Aetna InsuranceNew York Supreme Court · 1946
  2. Loew v. North British & Mercantile Ins.Appellate Terms of the Supreme Court of New York · 1916

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