Wolf v. Ӕtna Accident & Liability Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, JEtna Accident and Liability Company of Hartford, Conn., from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on or about the 10th day of January, 1918, reversing a judgment of the City Court of the City of New York and reinstating the verdict of a jury in plaintiff’s favor.
1Opinion of the Court
Sheaen, J.:
The fact that thieves ply their calling as a rule when there are no witnesses to detect them is what leads people to resort to insurance of their personal property against theft. If practically direct proof of theft is necessary in order to recover, these insurance policies have little, if any, value. The forms of the policies are prepared by the insurance companies. It is, of course, entirely competent to insert a clause in the contract limiting liability to cases where there are visible signs of entry or where there is direct proof of theft. In the absence of such provisions, to…
2Cases cited1 opinion
- Stich v. Fidelity & Deposit Co. of MarylandAppellate Terms of the Supreme Court of New York · 1916
3Cited by9 opinions
- Ace Wire & Cable Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1983
- Gaytime Frock Co. v. Liberty Mut. Ins. Co.Court of Appeals for the Seventh Circuit · 1945
- Levine v. Accident & Casualty InsuranceCity of New York Municipal Court · 1952
- Ruffalo's Trucking Service, Incorporated v. National Ben-Franklin Insurance Company of Pittsburgh, PennsylvaniaCourt of Appeals for the Second Circuit · 1957
- Sowden v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1927
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