Legal Opinion · Dissent
New York Life Insurance v. Glens Falls Insurance
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1949Published
1DissentVan Voorhis, J.
This appeal from an order denying a motion to strike out a partial defense as insufficient in law involves the applicability of the standard coinsurance provision to small losses under fire insurance policies containing the New York Standard Average Clause. After providing that the defendant insurance company “ shall not be liable for a greater proportion of any loss or damage to the property described herein than the sum hereby insured bears to eighty per cent (80%) of the actual cash value of said property at the time such loss shall happen, nor for more than the proportion which this…
2Cases cited8 opinions
- McGrail v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1944
- Tonkin v. California Insurance Co. of San Francisco, Inc.New York Court of Appeals · 1945
- Stonborough v. Preferred Accident Ins. Co. of N.Y.New York Court of Appeals · 1944
- Stonborough v. Preferred Accident InsuranceNew York Supreme Court · 1943
- New York Life Insurance v. Glens Falls InsuranceNew York Supreme Court · 1945
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