Legal Opinion
Giambalvo v. Phoenix Insurance
City of New York Municipal Court
Decided July 31, 1942PublishedCited by 3 opinions
1Opinion of the Court
Charles E. Russell,
Official Referee. Action upon a policy of fire insurance, standard in form, which derives, its force from the consent of the parties and, as such, is subject to general rules of construction. The rule that doubtful terms are to be construed in favor of the insured remains applicable. (26 C. J., 1024-1026.) The modern tendency as to insurers is toward a stricter accountability. (Hawthorne v. Protective Association, 112 Kan. 356; 210 P. 1086; Pound on Spirit of the Common Law, pp. 185, 186.) It was not controverted but that the plaintiff had an existing policy in good…
2Cases cited14 opinions
- Briggs v. North American & Mercantile InsuranceNew York Court of Appeals · 1873
- O'Connor v. Queen Insurance Co. of AmericaWisconsin Supreme Court · 1909
- Way v. Abington Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1896
- Cannon v. Phœnix InsuranceSupreme Court of Georgia · 1900
- American Towing Co. v. German Fire InsuranceCourt of Appeals of Maryland · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Preferred Mutual Insurance v. Travelers CompaniesDistrict Court, D. Massachusetts · 1997
- Johns v. New Hampshire InsuranceNew York Supreme Court · 1971
- Reckler v. British American Assurance Co.City of New York Municipal Court · 1949