Legal Opinion

McCormick v. Potomac Insurance Co. of the District of Columbia, Washington, D. C.

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

Decided May 8, 1930Published

1Per curiam

Strictly, the car was not unattended when the plaintiff left it at the curb in front of his residence, thirty feet distant while he went to get bis overcoat.

We construe the indorsement on the policy to mean that the policyholder will exercise due diligence and care in keeping the locking device in efficient condition on his car and in locking the same when the car is unattended as dictated by principles of common prudence and reason. (Allgood v. Hartford Fire Ins. Co., 186 N. C. 415.)

Leaving the car unlocked under the circumstances disclosed here was not sufficient so that plaintiff became…

2Cases cited1 opinion

  1. Allgood v. Hartford Fire InsuranceSupreme Court of North Carolina · 1923

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API