Legal Opinion
Gutman v. United States Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1934PublishedCited by 14 opinions
1Opinion of the Court
Judgment unanimously affirmed, with costs. The individual whose acts are claimed to constitute a waiver by the defendant of its right to insist that the policy of insurance had been breached did not indulge in them “ with full knowledge of all the facts.” (Draper v. Oswego Co. Fire Relief Assn., 190 N. Y. 12, 16.) This lack of full knowledge precluded his acts from constituting an “ intentional abandonment or relinquishment of a known right,” that is, a waiver. Whether a waiver has occurred is a matter of intention, and intention may not be founded on anything other than full knowledge. “…
2Cases cited5 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Weatherwax v. Royal Indemnity Co.New York Court of Appeals · 1929
- 269 Canal Street Corp. v. Zurich General Accident & Liability InsuranceAppellate Division of the Supreme Court of the State of New York · 1929
- 269 Canal Street Corp. v. Zurich General Accident & Liability InsuranceNew York Court of Appeals · 1930
3Cited by14 opinions
- Reserve Life Insurance v. HowellOregon Supreme Court · 1960
- Car and General Insurance Corp. v. GoldsteinDistrict Court, S.D. New York · 1959
- Metropolitan Life Insurance v. BlumAppellate Division of the Supreme Court of the State of New York · 1959
- Schaller v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1952
- Fernandez v. Windsor Life Insurance Co. of AmericaNew York Supreme Court · 1975
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