Ogden v. . East River Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. The action was brought upon a policy of insurance issued by defendant to plaintiffs for $3,000 on plaintiffs’ stock in trade, “ contained in the three-story brick building known as No. 392 Washington street, in the city of N ew York.” Other insurance was permitted without notice until required.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. The action was brought upon a policy of insurance issued by defendant to plaintiffs for $3,000 on plaintiffs’ stock in trade, “ contained in the three-story brick building known as No. 392 Washington street, in the city of N ew York.” Other insurance was permitted without notice until required. The policy contained a provision that “ in case of loss the insured shall not recover on this policy any greater proportion of the loss or…
1Opinion of the CourtRapadlo, J.
The clause, now usual in policies of insurance, which provides for an apportionment of the loss in case of other insurance on the property, is a part of the contract, and must ■receive a reasonable construction. We have no right to engraft upon it the rules governing suits for contribution among insurers, nor to restrict its operation to cases where such suits ■could be maintained, but must look at the language of the clause itself and construe it as we would any other stipulation between the insurer and the insured.
We cannot adopt the view taken of this clause in the case of Howard Ins. Co.…
2Cited by16 opinions
- Washburn-Halligan Coffee Co. v. Merchants' Brick Mutual Fire InsuranceSupreme Court of Iowa · 1900
- Meigs v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1903
- Clarke v. Western Assurance Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Corkery v. Security Fire InsuranceSupreme Court of Iowa · 1896
- Schmaelzle v. London & Lancashire Fire InsuranceSupreme Court of Connecticut · 1903
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