Lewis v. London & Lancashire Fire Insurance
Appellate Terms of the Supreme Court of New York
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
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Lewis v. Guardian Fire & Life Assurance Co. of London, EnglandNew York Court of Appeals · 1905
3Cited by2 opinions
- B X Corp. v. Aetna InsuranceNew York Supreme Court · 1946
- Loew v. North British & Mercantile Ins.Appellate Terms of the Supreme Court of New York · 1916