Herrman v. Merchants' Insurance
The Superior Court of New York City
Appeal by defendants from the order denying their motion for a new trial, and also from the judgment entered against them upon the verdict directed by the court at the trial. The action is to recover upon a policy made by defendants June 8, 1874, and insuring for three years plaintiff’s house and furniture, &c., at Lloyd, Ulster county, New York.
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Appeal by defendants from the order denying their motion for a new trial, and also from the judgment entered against them upon the verdict directed by the court at the trial. The action is to recover upon a policy made by defendants June 8, 1874, and insuring for three years plaintiff’s house and furniture, &c., at Lloyd, Ulster county, New York. The house was for years the summer residence of the plaintiff and his family, from about' the middle of May to the middle of November. November 20, 1876, the plaintiff and his family came to this city, leaving the dwelling-house and other property…
1Opinion of the Court
By the Court.—Curtis, Ch. J.
The principal question discussed and. presented at the argument was whether the policy was annulled by a violation of the condition contained in these words “if the premises shall become vacant and unoccupied, except as herein specially provided for, or hereafter agreed to by this corporation in writing upon this policy, from thenceforth this policy shall be void, and of no force or effect.”
It is apparent that for the breach of this provision of the policy two separate facts, vacancy and absence of occupancy of the premises insured, must occur, and that, too,…
2Cases cited4 opinions
- Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876
- O'Brien v. . Commercial Fire Ins. Co.New York Court of Appeals · 1875
- Redfield v. Utica & Syracuse Rail RoadNew York Supreme Court · 1851
- People v. AmbrechtNew York Supreme Court · 1859