Legal Opinion
Parker v. American Surety Co.
New York Supreme Court
Decided June 18, 1941PublishedCited by 5 opinions
1Opinion of the CourtLapham, J.
The plaintiff lost a diamond brooch by theft. She sues now to recover her loss under the terms of a policy insuring *986her against loss of her property by burglary, robbery, theft or larceny to the sum of $2,000.
The defendant moves under rule 107 of the Rules of Civil Practice for judgment dismissing the complaint on the ground that the cause of action is barred by virtue of the failure of the plaintiff to commence her action within the period of limitation fixed by the insurance policy. The plaintiff alleges that her diamond brooch was stolen on January 26, 1939. Proofs of loss were filed with…
2Cases cited11 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Gallin v. Allemannia Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1918
- Creem v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fabozzi v. Lexington InsuranceCourt of Appeals for the Second Circuit · 2010
- Closser v. Penn Mutual Fire InsuranceSupreme Court of Delaware · 1983
- Myers v. Cigna Property & Casualty InsuranceDistrict Court, S.D. New York · 1997
- Fabozzi v. Lexington InsuranceDistrict Court, E.D. New York · 2009
- Polcom USA, LLC v. Affiliated FM Insurance CompanyDistrict Court, S.D. New York · 2021