Legal Opinion
York-Buffalo Motor Express, Inc. v. National Fire & Marine Insurance
New York Supreme Court
Decided June 30, 1943PublishedCited by 2 opinions
1Opinion of the CourtSchreiber, J.
It appears from the stipulated facts in this case that plaintiff, a motor express carrier engaged in interstate commerce, sustained fire losses of $7,490.50 on November 16, 1941, and of $2,345.09 on November 19, 1941, both covered as separate units by a $15,000 policy of insurance issued November 12, 1941, by defendant National Fire & Marine Insurance, Company. This insurance company refused to pay the entire loss on the ground that the clause in its policy was applicable providing that if the assured had “ other insurance ” covering the same risks, the loss is to be prorated on the basis of…
2Cases cited20 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Schuttinger v. WoodruffNew York Court of Appeals · 1932
- Green v. . ClarkeNew York Court of Appeals · 1855
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3Cited by2 opinions
- Affiliated FM Ins. v. Kushner CompaniesNew Jersey Superior Court Appellate Division · 1993
- York-Buffalo Motor Express, Inc. v. National Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1944