Bodine v. . Exchange Fire Ins. Co.
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court of the city of Rew York, affirming a judgment in favor of the plaintiffs, entered upon the verdict of a jury. This action was brought upon a policy of insurance issued by defendant, which the plaintiffs claimed that the defendant had renewed by the usual certificate of renewal. The only question in dispute on the trial was whether the policy was renewed.
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Appeal from the judgment of the General Term of the Supreme Court of the city of Rew York, affirming a judgment in favor of the plaintiffs, entered upon the verdict of a jury. This action was brought upon a policy of insurance issued by defendant, which the plaintiffs claimed that the defendant had renewed by the usual certificate of renewal. The only question in dispute on the trial was whether the policy was renewed. The original policy was issued to the plaintiffs through John Whelp, who had been an agent for the defendant for nine or ten years, and his name was indorsed upon the policy,…
1Opinion of the Court
Earl, C.
notwithstanding the condition in the original policy, that no insurance, whether original or continued, should he considered binding until the actual payment of the premium, it was still competent for the insurance company to disregard this condition, and upon any' renewal of the policy to waive by parol the payment in cash of the premium, and this waiver of payment could be shown by direct proof that credit was given or could be inferred from circumstances, and the waiver could be by the company or any of its authorized agents. This is too well settled to be longer the subject of…
2Cases cited2 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
3Cited by90 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Continental Insurance v. RuckmanIllinois Supreme Court · 1889
- More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
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