Legal Opinion
Kahn v. Lumbermens Mutual Casualty Co.
District Court, E.D. New York
Decided December 5, 1968No. 66 C 224PublishedCited by 5 opinions
1Opinion of the Court
TRAVIA, District Judge.
This is a motion for summary judgment by defendant Lumbermens Mutual Casualty Co. (Lumbermens) on the grounds that suit was brought after the applicable time limitation had expired.
Plaintiff brings his claim as an assignee of the proceeds due on a binder of insurance between Lumbermens and ECCO Equipment Corp. (ECCO), the assignment being made on February 1, 1965.
For the purposes of this motion only, defendant Lumbermens concedes that a 60 day binder of insurance was issued by it to ECCO on September 23, 1964.
The crucial dates are as follows:
September 25, 1964 — A fire…
2Cases cited11 opinions
- Proc v. Home InsuranceNew York Court of Appeals · 1966
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Conte v. Yorkshire InsuranceNew York Supreme Court · 1957
- Fotochrome, Inc. v. American InsuranceAppellate Division of the Supreme Court of the State of New York · 1966
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- St. Paul Fire & Marine Insurance v. United StatesUnited States Court of Claims · 1984
- Marsh v. General Adjustment Bureau, Inc.Court of Appeals of Washington · 1979
- International School Services, Inc. v. Northwestern National InsuranceDistrict Court, S.D. New York · 1989
- Johns v. New Hampshire InsuranceNew York Supreme Court · 1971
- LaPenta v. General Accident Fire & Life Assurance Corp.New York Supreme Court · 1976