Legal Opinion
First Savings & Loan Ass'n v. American Home Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1970PublishedCited by 5 opinions
1Opinion of the CourtStevens, P. J.
The facts are fairly stated in the dissenting opinion and need not now be restated at length. The issue to be resolved is whether the policy in question was divisible. In other' words did the February 14, 1969 notice of cancellation affect the entire policy, or did it apply, in effect, only to the increased coverage for which concededly the premium had not been paid some five months after the increase was granted.
‘ ‘ Fundamentally and primarily, the question of divisibility or severability rests upon the question of intention of the parties deducible from the stipulations of the contract and…
2Cases cited5 opinions
- Rhine v. New York Life InsuranceNew York Court of Appeals · 1936
- Ming v. . CorbinNew York Court of Appeals · 1894
- Donley v. . Glens Falls Ins. Co.New York Court of Appeals · 1906
- Rhine v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1936
- American Surety Co. v. RosenthalNew York Supreme Court · 1954
3Cited by5 opinions
- Prospero Associates, a Colorado General Partnership v. Burroughs CorporationCourt of Appeals for the Tenth Circuit · 1983
- Sanders v. Chautauqua County Patrons' Fire Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1979
- Dunkin' Donuts Franchising LLC v. CDDC Acquisition Co. (In Re FPSDA I, LLC)District Court, E.D. New York · 2012
- Delson Communications v. MTI/Image Group, Inc.Civil Court of the City of New York · 2005
- Prospero Associates, a Colorado General Partnership v. Burroughs CorporationCourt of Appeals for the Tenth Circuit · 1983