Legal Opinion
Hartford Fire Insurance v. Siegfried Press, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1996Published
1Opinion of the Court
The plaintiff failed to meet the heavy burden necessary to show that the "full value endorsement” should be removed from the insurance policy issued by the plaintiff to the defendants because it was added thereto by mutual mistake (see, Chimart Assocs. v Paul, 66 NY2d 570; Matter of Union Indem. Ins. Co., 162 AD2d 398). The plaintiff’s contention that there was a mutual mistake because the defendants did not specifically request that such a provision be included in the insurance policy is meritless (see, Porter v Commercial Cas. Ins. Co., 292 NY 176, 184).
In addition, since the plaintiff…
2Cases cited5 opinions
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- Tonkin v. California Insurance Co. of San Francisco, Inc.New York Court of Appeals · 1945
- Porter v. Commercial Casualty InsuranceNew York Court of Appeals · 1944
- Royal Farms, Inc. v. Superintendent of InsuranceAppellate Division of the Supreme Court of the State of New York · 1990