Creem v. . the Fidelity and Casualty Company of New York
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 18, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 18, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought on a policy of liability insurance, by which the defendant indemnified the plaintiffs in the sum of $5,000, for the term of one year commencing April 1st, 1890, against damages recovered for personal injuries sustained by their employees, or by the public generally through the negligence of their employees. The policy,…
1Opinion of the CourtHaight, J.
The chief question presented upon this review is as to whether the action was commenced within the time limited by the express provisions of the policy, and if not, as to whether the transaction between Nadal and Oreem amounted to a waiver of the provision of the policy limiting the time' within which a suit could be brought. We are unwilling to adopt a construction of this policy which would bar the action before it arose. Such could not have been the honest intent of the parties. It appearing that no action arose on behalf of the plaintiffs against the defendant until final judgment had…
2Cited by5 opinions
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- John Beaudette, Inc. v. Sentry Insurance a Mutual Co.District Court, D. Massachusetts · 1999
- Ingram v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1963
- Mosca v. PenskyNew York Supreme Court · 1973
- Cardinal v. United States Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1950