Legal Opinion

Matter of Delmar Box Co.(ætna Ins. Co.)

New York Court of Appeals

Decided July 8, 1955PublishedCited by 88 opinions

1Opinion of the CourtFuld, J.

Whether the insured under a standard New York fire insurance policy may compel the insurer to comply with the provision for appraisal contained in such a policy, is the question for decision.

Delmar Box Company, doing business in a frame building situated on land leased from the New York Central Railroad in New Scotland, New York, carried insurance in the aggregate amount of about $23,000, issued by a number of insurance companies. On April 13, 1954, a fire occurred, the alleged loss amounting to some $33,000. In each of the policies was a provision for appraisal in the event of loss — in the…

2Cases cited20 opinions

  1. Woollcott v. . ShubertNew York Court of Appeals · 1916
  2. Seligman v. . FriedlanderNew York Court of Appeals · 1910
  3. Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
  4. Stefano Berizzi Co. v. KrauszNew York Court of Appeals · 1925
  5. Matter of FletcherNew York Court of Appeals · 1924

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3Cited by88 opinions

  1. Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1982
  2. Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
  3. Knight-Ridder Broadcasting, Inc. v. GreenbergNew York Court of Appeals · 1987
  4. Goldfinger v. LiskerNew York Court of Appeals · 1986
  5. In re Lorie C.New York Court of Appeals · 1980

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