Pindar v. . the Resolute Fire Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment entered upon an order of the court at circuit non-suiting plaintiff. This action is brought upon a policy of insurance issued by defendant to Alfred Pindar, and by him assigned to the plaintiff after the loss occurred. The policy insures the merchandise hazardous and not hazardous, contained in the store of the insured at Pindar’s mills, Dutchess county.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment entered upon an order of the court at circuit non-suiting plaintiff. This action is brought upon a policy of insurance issued by defendant to Alfred Pindar, and by him assigned to the plaintiff after the loss occurred. The policy insures the merchandise hazardous and not hazardous, contained in the store of the insured at Pindar’s mills, Dutchess county. This case has been once before the Court of Appeals (38 17. Y., 366), where the same facts appeared. The only questions raised…
1Opinion of the CourtRapallo, J.
When this case was before the late Court of Appeals, on the appeal of the defendants (38 N. Y., 366), it was decided that the terms “ not hazardous ” and “ hazardous,” employed in the policy, had a precise meaning, clearly defined by the policy itself, and did not include articles mentioned in the policy as “extra hazardous” and “ specially hazardous,” and that turpentine being one of the articles named in the policy as “ extra hazardous,” the keeping of that article in the plaintiff’s store was a violation of the express terms of the policy, and fatal to a recovery thereon. Also that…
2Cited by14 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Blown v. United States Casualty Co.U.S. Circuit Court for the District of Northern California · 1899
- W. P. Fuller & Co. v. SchrenkAppellate Division of the Supreme Court of the State of New York · 1901
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