Rowley v. Empire Insurance
New York Court of Appeals
Amos Rowley sued defendants, in the supreme court, on a policy issued by them on June 21,1861, insuring him for one year from June 11,1861, for three hundred dollars on dwelling-house, and other sums on furniture, &c. The policy coniain.d a clause making it cease and of no effect “ if the said insured, or his, her or their assigns, shall hereafter make any other insurance on the same property, not consented to by the secretary in writing.”
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Amos Rowley sued defendants, in the supreme court, on a policy issued by them on June 21,1861, insuring him for one year from June 11,1861, for three hundred dollars on dwelling-house, and other sums on furniture, &c. The policy coniain.d a clause making it cease and of no effect “ if the said insured, or his, her or their assigns, shall hereafter make any other insurance on the same property, not consented to by the secretary in writing.” Annexed to the policy as a part thereof, were these conditions: “ Applications 'for insurance must specify the nature and amount of incumbrances, if…
1Opinion of the Court
Davies, Ch. J.
[After stating facts and disposing of a minor question.]—It is claimed that the insurance by Goff, as mortgage of the dwelling, was a violation of that provision of the policy which declares that, in case the insured shall have any other insurance against loss by fire on the property insured, not notified to the secretary of the company, then the policy issued to the plaintiff should be void and of no effect. There are several conclusive answers to this objection :
1. The provision in the policy requiring notice to be given to the company of other insurances, relates only to…
2Cases cited13 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
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3Cited by2 opinions
- Mowry v. . RosendaleNew York Court of Appeals · 1878
- Bernard v. United Life InsuranceAppellate Terms of the Supreme Court of New York · 1896