Baumgartel v. Providence Washington Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1891, which affirmed'a judgment in favor of plaintiff entered upon a verdict. This was an action upon a policy of fire insurance issued by defendant to plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 11, 1891, which affirmed'a judgment in favor of plaintiff entered upon a verdict. This was an action upon a policy of fire insurance issued by defendant to plaintiff. The facts, so far as material, are stated in the opinion. Under the limited and restricted power of the agent Young as to waiving any condition in the policy, the trial court erred in allowing the plaintiff to show the oral waiver as to subsequent insurance. (Walsh v. H. Ins. Co., 73 N. Y. 5; Marvin v.…
1Opinion of the CourtO'Brien, J.
The policy of insurance upon which the plaintiff recovered contained the following stipulations and conditions, which form a part of the contract between the parties: “ This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy.”
With reference to this and the other conditions specified, the following provision is inserted at the end of the instrument: “ This policy is made and…
2Cases cited1 opinion
- Allen v. German American InsuranceNew York Court of Appeals · 1890
3Cited by27 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Lippman v. Ætna InsuranceSupreme Court of Georgia · 1899
- Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1902
- Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
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