Farmers' Feed Co. of New Jersey v. Scottish Union & National Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡November 20, 1901, in- favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡November 20, 1901, in- favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. In determining the defendant’s share of the loss, under the provision for its apportionment among the several insurers, the amount of the “ whole insurance ” must be computed without reference to the co-insurance clauses in the other policies. (Chesborough v. H.…
1Opinion of the CourtVann, J.
This controversy was submitted upon an agreed statement of the facts, which, so far as material to the appeal, ate as follows:
In May, 1898, the defendant, by a policy of the standard form, insured certain buildings belonging to the plaintiff in the city of Flew York against loss by fire for the term of three years from the 23rd of May, 1898, “ to an amount not exceeding $60,000.” On the 14th of June, 1900, such insur anee to the amount of $17,500 was canceled by mutual consent, leaving a balance of $42,500 still in force. The policy contained an apportionment clause which provided that “ this…
2Cases cited1 opinion
- Continental Insurance v. Ætna Insurance Co. of HartfordNew York Court of Appeals · 1893
3Cited by15 opinions
- American Lumbermens Mutual Casualty Co. v. Lumber Mutual Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1937
- Ben-Hur Manufacturing Co. v. Firemen's Insurance Co. of New JerseyWisconsin Supreme Court · 1962
- Cutting v. Atlas Mutual InsuranceMassachusetts Supreme Judicial Court · 1908
- Gillies v. Michigan Millers Mutual Fire InsuranceCalifornia Court of Appeal · 1950
- Klotz Tailoring Co. v. Eastern Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1907
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