Ralph Perri, Inc. v. Metropolitan Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover on a policy issued by appellant which insures respondents against loss by reason of payroll robbery, the appeal is from an order denying a motion for summary judgment dismissing the complaint. Order reversed, without costs, and motion granted, without costs. The policy is effective only while the payroll is in the care of a custodian who, when outside the premises of the insured, “ is accompanied by at least * * * 2 guards (1 guard is armed)”. The car occupied by the custodian with payroll and a chauffeur, both unarmed, was intercepted by robbers immediately northeast…
2Cases cited3 opinions
- Lachs v. Fidelity & Casualty Co.New York Court of Appeals · 1954
- Underwood v. Globe Indemnity Co.New York Court of Appeals · 1927
- Daiches v. United States Fidelity & Guaranty Co.Court of Appeals for the Fifth Circuit · 1937
3Cited by1 opinion
- Brooklyn Union Gas Co. v. John Shields Detective Bureau, Inc.Appellate Division of the Supreme Court of the State of New York · 1986