Legal Opinion
Foster v. Yorkshire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1938PublishedCited by 4 opinions
1Opinion of the Court
Order affirmed, with ten dollars costs and disbursements. Memorandum: If an insurance company, having knowledge of grounds of forfeiture, compels the insured to submit to an examination under a provision of the policy, it waives the forfeiture. (Palma v. National Fire Insurance Co., 240 App. Div. 454, 457.) The assured must, however, establish that the company had full knowledge of the facts before he can take advantage of the defense of waiver. (S. & E. Motor Hire Corp. v. N. Y. Indemnity Co., 255 N. Y. 69, 72, 73, 75.) It is, therefore, important for the plaintiff to know what authority the…
2Cases cited2 opinions
- S. & E. Motor Hire Corp. v. New York Indemnity Co.New York Court of Appeals · 1930
- Palma v. National Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by4 opinions
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- Allstate Insurance v. FlaumenbaumNew York Supreme Court · 1970
- Gardner v. FrederickNew York Supreme Court · 1940
- In re the Arbitration between Nationwide Mutual Insurance & HolbertNew York Supreme Court · 1962