Sergent v. Liverpool & London & Globe Insurance
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered March 1, 1895, affirming a judgment in favor of defendant entered upon a nonsuit granted at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered March 1, 1895, affirming a judgment in favor of defendant entered upon a nonsuit granted at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. When a policy is issued with full knowledge on the part of the underwriter of facts in direct conflict with the statements on the same subject in the application, it is reasonable to assume that there was no intention to insist upon the condition or claim a forfeiture under it. (McNally v. P. Ins.…
1Opinion of the CourtBartlett, J.
This is an action upon the usual standard policy of fire insurance which covered a cheese factory and contents in Otseg’o county.
The action has been twice tried. On the first trial the plaintiff recovered a judgment which was reversed by the Genera] Term and a new trial ordered. The present appeal is after the second trial.
The principal question is whether the defendant has, under the facts as disclosed, waived the service of the proofs of loss within sixty days after the fire or is estopped from pleading that they were not duly served.
There is a further question in the case. It seems to be…
2Cases cited2 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Bishop v. Agricultural InsuranceNew York Court of Appeals · 1892
3Cited by23 opinions
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Solomon v. . Continental Fire Ins. Co.New York Court of Appeals · 1899
- Porter v. . Traders' Ins. Co.New York Court of Appeals · 1900
- St. Paul Fire Marine Ins. Co. v. MittendorfSupreme Court of Oklahoma · 1909
- Smaldone v. President of the Insurance Co. of North AmericaNew York Court of Appeals · 1900
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