Legal Opinion
Forman v. Home Insurance
City of New York Municipal Court
Decided June 10, 1940PublishedCited by 8 opinions
1Opinion of the CourtLivingston, J.
This action against the defendant fire insurance corporation is based on a “ lightning clause ” rider to a fire insurance policy. A loss due to lightning is alleged to have occurred on June 21, 1937. Suit was commenced more than one year later, to wit, on March 21, 1940. Defendant pleads a one-year limitation to the bringing of the action. Plaintiff moves to strike out said defense as insufficient in law.
Generally, hmitations of actions are prescribed in article 2 of the Civil Practice Act. Unless otherwise restricted, the action in question could be brought within a six-year period. (Civ.…
2Cases cited6 opinions
- Sharrow v. . Inland Lines, Ltd.New York Court of Appeals · 1915
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Fantozzi v. Security Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1936
- Gridley v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1929
- Gridley v. Home Insurance CompanyNew York Court of Appeals · 1930
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Zuckerman v. Transamerica InsuranceArizona Supreme Court · 1982
- Bell v. Quaker City Fire & Marine InsuranceOregon Supreme Court · 1962
- Johns v. New Hampshire InsuranceNew York Supreme Court · 1971
- Bienenstock v. Federal InsuranceCivil Court of the City of New York · 1973
- LaPenta v. General Accident Fire & Life Assurance Corp.New York Supreme Court · 1976
3 more not listed; retrieve them via the Exa API.