Legal Opinion

Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'n

New York Court of Appeals

Decided April 30, 1981PublishedCited by 79 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Insured’s complaint in its action on a fire insurance policy has been dismissed for failure of the insured to file proof of loss or submit to examination by the insurer. Plaintiff stipulated that demand for both proofs and examination was made and not complied with, but points to the fact that the demand came some 10 months after loss and after it had instituted action on the policy in order, it believed, to protect itself against the 12-month limitation period in the policy. *

This is not a case…

2Cases cited8 opinions

  1. Hicks v. British America Assurance Co.New York Court of Appeals · 1900
  2. Pogo Holding Corp. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
  3. Beckley v. Otsego County Farmers Cooperative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
  4. Porter v. . Traders' Ins. Co.New York Court of Appeals · 1900
  5. Happy Hank Auction Co. v. American Eagle Fire InsuranceNew York Court of Appeals · 1956

3 more not listed; retrieve them via the Exa API.

3Cited by79 opinions

  1. Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
  2. Hoekstra v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 1986
  3. Ausch v. St. Paul Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1987
  4. Varda, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1995
  5. Dyno-Bite, Inc. v. Travelers Co.Appellate Division of the Supreme Court of the State of New York · 1981

74 more not listed; retrieve them via the Exa API.

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