Legal Opinion
Kerr v. New Amsterdam Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1937PublishedCited by 4 opinions
1Opinion of the CourtRhodes, J.
The action is in equity, and plaintiff seeks thereby to reform a motor vehicle liability insurance policy and to enforce the liability alleged to be assumed by said policy if changed to conform to her theory.
There is no disagreement as to the material facts. Alexander Kerr, now deceased, was the husband of plaintiff and was the owner of an automobile covered by the policy in question issued by the defendant. In previous years similar policies had been issued to him insuring him from public liability by virtue of the operation of his motor car. While the policy was in force, and on October 19,…
2Cases cited4 opinions
- Brustein v. New Amsterdam Casualty Co.New York Court of Appeals · 1931
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
- American Lumbermens Mutual Casualty Co. of Illinois v. TraskAppellate Division of the Supreme Court of the State of New York · 1933
- American Lumbermens Mutual Cas. Co. of Ill. v. TraskNew York Court of Appeals · 1934
3Cited by4 opinions
- Capece v. Allstate Ins.New Jersey Superior Court Appellate Division · 1965
- Purcell v. Metropolitan Cas. Ins. Co. of New YorkCourt of Appeals of Texas · 1953
- Standard Accident Insurance v. NewmanNew York Supreme Court · 1944
- Jenkins v. MoranoDistrict Court, E.D. Virginia · 1947