Legal Opinion · Dissent

Heilbrunn v. German Alliance Insurance

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

Decided November 4, 1910Published

Appeal by the plaintiff, Simon Heilbrunn, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the - 16th day of May, 1910, sustaining the defendant’s demurrer to the amended complaint.

1Dissent

Laughlin, J. (dissenting):

The provisions of the policy are not fully set forth, but since the Legislature had prescribed a form of policy to be known and designated as the “ Standard Fire Insurance Policy of the State of Mew York,” and had prohibited the use of any other, it may be assumed that the policy conformed to the requirements of the statute and we may take judicial notice of its provisions. (Laws of 1886, chap. 488, as amd. by Laws of 1887, chap. 429; Ins. Law [Gen. Laws, chap. 38; Laws of 1892, chap. 690], § 121, as amd. by Laws of 1901, chap. 513, and Laws of 1903, chap. 106; Ins.…

2Cases cited14 opinions

  1. Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
  2. Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
  3. Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
  4. Hicks v. British America Assurance Co.New York Court of Appeals · 1900
  5. Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892

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