Donley v. . Glens Falls Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 13,1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 13,1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This action was brought upon a standard policy of fire-insurance, issued by the defendant to the plaintiff on the 8th of September, 1903, in which the amount of- insurance and the subject of the risk were described as follows : “ $100 on two story, shingled roof, frame building, with additions., foundations and all permanent fixtures while occupied as a…
1Opinion of the CourtVann, J.
Whatever our views might be if the question were new, we regard it as settled that where, by the same policy, different classes of property, each separately valued, are insured for distinct amounts, even if the premium for the aggregate amount is paid in gross, the contract is severable and a breach of warranty as to one subject of insurance only does not affect the policy as to the others, unless it clearly appears that such was the intention. (Knowles v. American Ins. Co., 66 Hun, 220 ; 142 N. Y. 641; Pratt v. Dwelling House Mutual Fire Ins. Co., 130 N. Y. 206, 221; Schuster v. Dutchess Co.…
2Cases cited6 opinions
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Pratt v. Dwelling House Mutual Fire InsuranceNew York Court of Appeals · 1891
- Schuster v. . Dutchess County Ins. Co.New York Court of Appeals · 1886
- Knowles v. American Insurance Co. of BostonNew York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
- Fireman's Fund Insurance v. Great American InsuranceDistrict Court, S.D. New York · 2014
- 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
- First Savings and Loan Ass'n v. American Home Assurance Co.New York Court of Appeals · 1971
25 more not listed; retrieve them via the Exa API.