Legal Opinion
Tuchman v. Public Service Mutual Insurance
Civil Court of the City of New York
Decided October 14, 1976PublishedCited by 5 opinions
1Opinion of the CourtFelice K. Shea, J.
In this Small Claims Court action, claimant has brought suit for $1,000 against defendant insurer on a policy denominated "Yacht Policy (All Risks)”. The parties have agreed that claimant is the owner of a 17-foot-long fiberglass pleasure boat, that claimant’s 85-horsepower motor was stolen, and that the reasonable value of the motor is $1,000. The issues before the court are (1) whether theft is a *337peril insured against by the contract of insurance between the parties, and (2) whether theft of claimant’s motor is a loss for which recovery is excluded by the machinery damage exclusion clause…
2Cases cited20 opinions
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Thomas J. Lipton, Inc. v. Liberty Mutual InsuranceNew York Court of Appeals · 1974
- Lachs v. Fidelity & Casualty Co.New York Court of Appeals · 1954
- Sincoff v. Liberty Mutual Fire InsuranceNew York Court of Appeals · 1962
- Stecker v. American Home Fire Assurance Co.New York Court of Appeals · 1949
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3Cited by5 opinions
- Atlantic Mutual Insurance v. Balfour MacLaine International Ltd.Court of Appeals for the Second Circuit · 1996
- In Re Balfour MacLaine International Limited, Debtor. Atlantic Mutual Insurance Company v. Balfour MacLaine International Limited Van Ekris & Stoett Inc. Amro Bank Bank Brussels Lambert, S.A. Banque Indosuez Bsi-Banca Della Svizzera Italiana, Insurance Company of North America v. Armenia Coffee Corporation, Rafael Espinosa & Hnos., Bankers Trust Company, National Westminster Bank, American Express Bank Ltd., Chase Manhattan Bank, N.A., French American Banking Corp., Chemical Bank, First Fidelity Bank, New Jersey, Pbtc International Bank, Credit Agricole Cnca, Baii Banking CorporationCourt of Appeals for the First Circuit · 1996
- Great Northern Insurance v. Dayco Corp.District Court, S.D. New York · 1985
- Buckeye Cellulose Corp. v. Atlantic Mutual InsuranceDistrict Court, S.D. New York · 1986
- Yankelevitz v. Royal Globe InsuranceNew York Supreme Court · 1981