United Sponging Co. v. Preferred Accident Insurance
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of the plaintiff upon the verdict of a jury.
1Opinion of the CourtShearn, J.
This action was brought to recover a loss from burglary, alleged to be covered by an insurance policy. The policy indemnified the plaintiff: “ For Direct Loss by Burglary * * * by any person or persons except the assured, or any of his employees or other person lawfully in said premises, who has made forcible and violent entrance upon the prem*397ises, or exit therefrom, of which force and violence there shall be visible evidence.” Under the head of “ Special Agreements,” the policy further provided: “A. The company shall not be liable: * * * (2) For loss or damage unless there are visible marks…
2Cases cited1 opinion
- Rosenthal v. American Bonding Co. of BaltimoreNew York Court of Appeals · 1912
3Cited by11 opinions
- Ferguson v. Phoenix Assurance Co.Supreme Court of Kansas · 1962
- Offutt v. Liberty Mutual InsuranceCourt of Appeals of Maryland · 1968
- L. Tyson Betty v. The Liverpool and London and Globe Insurance Company, Limited, and the North British and Mercantile Insurance CompanyCourt of Appeals for the Fourth Circuit · 1962
- Bernard v. Employers Liability Assurance Corp.Appellate Court of Illinois · 1924
- Klein & Brown, Inc. v. Fidelity & Deposit Co. of MarylandCivil Court of the City of New York · 1969
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