Legal Opinion

Edwards v. Maryland Motor Car Insurance

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

Decided December 28, 1922PublishedCited by 13 opinions

1Per curiam

On the trial plaintiff claimed, as part of her damages, diminution in the value of the automobile admittedly stolen from her. At the time of the theft it was almost new, it having been run only 1,000 miles. At the time of its recovery it had been considerably damaged and had received 2,500 miles additional usage.

We think diminution in value is damage embraced within the clause of the policy insuring plaintiff “ against direct loss or damage ” by the perils of “ theft, robbery or pilferage.”

This liability is not cut down by the subsequent “ additional conditions ” making defendant hable for…

2Cases cited2 opinions

  1. Federal Insurance v. HiterCourt of Appeals of Kentucky · 1915
  2. Chainless Cycle Manufacturing Co. v. Security Insurance Co. of New HavenNew York Court of Appeals · 1901

3Cited by13 opinions

  1. American Manufacturers Mutual Insurance Co. v. SchaeferTexas Supreme Court · 2003
  2. Siegle v. Progressive Consumers Ins. Co.Supreme Court of Florida · 2002
  3. Carlton v. Trinity Universal Insurance Co., Texas Court of Appeals, 14th District (Houston)2000
  4. Fanelty v. Rogers Jewelers, Inc.Supreme Court of North Carolina · 1949
  5. Culhane v. Western National Mutual Insurance Co.South Dakota Supreme Court · 2005

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