Matthews v. American Central Insurance
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The American Central Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the court after a trial at 'a Trial Term of the Supreme Court, held in and for the county of " Steuben on the 6th day of January, 1896. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail for three years…
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Motion by the defendant, The American Central Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the court after a trial at 'a Trial Term of the Supreme Court, held in and for the county of " Steuben on the 6th day of January, 1896. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail for three years against damage by fire, to an amount not exceeding $1,050, on the following property: $400 on her frame dwelling house;…
1Dissent
Adams, J. (dissenting).
The policy of insurance upon which this action is founded, and which is known as a “ standard policy,” contains in addition to the usual requirement, that proofs óf loss shall be furnished within sixty days after the fire, the following provision : “ No suit or action on, this policy, for the recovery of any claim, shall be sustainable in any court of law or equity, until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.”
It is not claimed that there has been a literal compliance with…
2Cases cited13 opinions
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Semmes v. Hartford Insurance CompanySupreme Court of the United States · 1871
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