Harris v. Allstate Insuarance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBotein, J.
Plaintiff, during a heavy rainstorm, drove his car into a puddle of water about fifty feet in length and eight inches in depth. He testified that he was doing about forty to forty-five miles an hour and that the traction of the water pulled his car to the right. He attempted to hold it on the highway, but the car mounted a bank, overturned, and was practically demolished.
Plaintiff was insured for damage to his automobile by defendant insurance carrier under a so-called comprehensive coverage provision in his policy. The clause, so far as pertinent, reads as follows: “ (3) To pay for all other…
2Cases cited8 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Liverpool & London & Globe Insurance v. KearneySupreme Court of the United States · 1901
- Tonkin v. California Insurance Co. of San Francisco, Inc.New York Court of Appeals · 1945
- Wheeler v. . Phenix Ins. Co.New York Court of Appeals · 1911
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3Cited by2 opinions
- Journeymen Barbers' International Union, Local 687 v. PollinoSupreme Court of New Jersey · 1956
- Journeymen Barbers' International Union, Local 687 v. PollinoSupreme Court of New Jersey · 1956