Legal Opinion

Deso v. London & Lancashire Indemnity Co. of America

New York Court of Appeals

Decided July 3, 1957PublishedCited by 138 opinions

1Opinion of the CourtBurke, J.

This action was brought pursuant to section 167 of the Insurance Law to recover the amount of a judgment which plaintiff has secured against Alessandro Lasigna, the insured, for injuries sustained by the plaintiff while on Lasigna’s premises. We are concerned principally with a single narrow issue: whether the question as to the timeliness of the notice given by the insured to the defendant was properly submitted to the jury or should have been ruled a breach of condition as a matter of law.

The operative facts are few and uncomplicated. Plaintiff, a tenant in Lasigna’s house, fell while…

2Cases cited10 opinions

  1. Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
  2. Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
  3. Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
  4. Melcher v. . Ocean Accident Guarantee Corp.New York Court of Appeals · 1919
  5. Haas Tobacco Co. v. . American Fidelity Co.New York Court of Appeals · 1919

5 more not listed; retrieve them via the Exa API.

3Cited by138 opinions

  1. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  2. Scott Hammersmith v. Tig Insurance Company (w.d. Of Pa. Civil Nos. 02-Cv-01829 & 03-Cv-01333)Court of Appeals for the Third Circuit · 2007
  3. Metropolitan Property & Casualty Insurance v. MancusoNew York Court of Appeals · 1999
  4. Olin Corp. v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 1990
  5. Power Authority v. Westinghouse Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1986

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