Legal Opinion
Claim of McConvey v. C. J. Donovan Haas Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1929PublishedCited by 1 opinion
1Opinion of the Court
Award reversed and claim dismissed, as against the insurance carrier, with costs to the insurance carrier against the State Industrial Board, on the ground that a compromise was made in an action against a third party without the written consent of the insurance carrier (Matter of O'Brien v. Lodi, 246 N. Y. 46; Matter of Beekman v. Brodie, Inc., 249 id. 175), and that there is no proof of waiver or estoppel through the act of an authorized agent or of knowledge brought home to the principal. Van Kirk, P. J., Hinman and Davis, JJ., concur; Whitmyer, J., dissents and votes for affirmance;…
Also in this document: Dissent.
2Cases cited7 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
- O'Brien v. LodiNew York Court of Appeals · 1927
- Sergent v. Liverpool & London & Globe InsuranceNew York Court of Appeals · 1898
- Marine Iron Works v. WiessCourt of Appeals for the Fifth Circuit · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Claim of Gray v. Jeremiah Burns, Inc.Appellate Division of the Supreme Court of the State of New York · 1958