Legal Opinion

DeVanzo v. Newark Insurance

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1974PublishedCited by 11 opinions

1Opinion of the CourtHopkins, J.

The defendant Newark Insurance Company issued a fire insurance policy in the sum of $25,000, covering the plaintiff’s premises at 83 Ravine Avenue, Yonkers, New York, for one year beginning February 11, 1971. The premises were used both as a restaurant and as a dwelling.

The policy followed the form of standard policy authorized by the Insurance Law (Insurance Law, § 168, subd. 5)1 and contained a provision that Newark “ shall not be liable for loss occurring * * * (b) while a described building, whether intended for occupancy by owner or tenant, is vacant or unoccupied beyond a period of…

2Cases cited5 opinions

  1. Lancashire Insurance v. BushNebraska Supreme Court · 1900
  2. American Central Ins. Co. of St. Louis v. McHoseCourt of Appeals for the Third Circuit · 1933
  3. Schmidt v. Williamsburgh City Fire InsuranceNebraska Supreme Court · 1915
  4. Kugler v. Philadelphia Fire & Marine Ins. CoCourt of Appeals for the Fifth Circuit · 1953
  5. Filardo v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1928

3Cited by11 opinions

  1. Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-CrossCourt of Appeals for the Second Circuit · 2000
  3. Cruden v. Bank of New YorkCourt of Appeals for the Second Circuit · 1992
  4. Libra Bank Ltd. v. Banco Nacional De Costa Rica, S.A.District Court, S.D. New York · 1983
  5. US Trust Co. of New York v. AlpertDistrict Court, S.D. New York · 1998

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