Jarvis Towing & Transportation Corp. v. Aetna Insurance
New York Court of Appeals
I. Defendants’ insurance policy contained an express warranty that the plaintiffs would employ a competent watchman who would make frequent inspection of the bilges of the vessel, etc. No such watchman was provided. (Gary v. Home Ins. Go., 199 App. Div. 122, 235 N. Y. 296; Shamrock Towing Go. v. American Ins. Go., 9 F. 2d 57; Ripley v. Aetna Ins. Go., 30 N. Y. 136; United States Gypsum Go. v. Insurance Go. of North America, 19 P. Supp. 767; First Nat.
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I. Defendants’ insurance policy contained an express warranty that the plaintiffs would employ a competent watchman who would make frequent inspection of the bilges of the vessel, etc. No such watchman was provided. (Gary v. Home Ins. Go., 199 App. Div. 122, 235 N. Y. 296; Shamrock Towing Go. v. American Ins. Go., 9 F. 2d 57; Ripley v. Aetna Ins. Go., 30 N. Y. 136; United States Gypsum Go. v. Insurance Go. of North America, 19 P. Supp. 767; First Nat. Bank v. Insurance Go. of North America, 50 N. Y. 45; Levine v. Aetna Ins. Go., 139 P. 2d 217; Kentucky Vermillion Mining & Concentrating Go. v.…
1Opinion of the CourtDesmoND, J.
Plaintiffs (two affiliated corporations which we shall call “ plaintiff ”) were respectively, the actual owner and the demise^ charterer or “ chartered owner ” of the tug American Eagle, and, as such, brought this action to recover upon a marine hull insurance policy issued to them by defendants. The tug had sustained damage, from one of the perils insured against, when, while tied up for the night at a Brooklyn pier, in January, 1945, one of her stern planks was stove in by floating ice. The sole question is as to whether or not plaintiff proved compliance with this part of the policy: “…
2Cases cited6 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- ætna Ins. Co. v. Houston Oil & Transport Co.Court of Appeals for the Fifth Circuit · 1931
- Shamrock Towing Co. v. American Ins. Co.Court of Appeals for the Second Circuit · 1925
- First National Bank v. President & Directors of Insurance Co. of North AmericaNew York Court of Appeals · 1872
- Snyder v. Home Ins.District Court, S.D. New York · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
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- Cunningham v. Insurance Co. of North AmericaDistrict Court, E.D. New York · 2007
- Star City Sportswear, Inc. v. Yasuda Fire & Marine Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 2003
- F. B. Walker & Sons, Inc. v. ValentineCourt of Appeals for the Fifth Circuit · 1970
- Insurance Co. of North America v. ZagloolDistrict Court, E.D. New York · 2007
12 more not listed; retrieve them via the Exa API.