Baumgartel v. Providence Washington Insurance
New York Supreme Court
Appeal from circuit court, Fulton county. Action by Louis H. Baumgartel against the Providence Washington Insurance Company of Providence, K. I., on" a policy of fire insurance.
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Appeal from circuit court, Fulton county. Action by Louis H. Baumgartel against the Providence Washington Insurance Company of Providence, K. I., on" a policy of fire insurance. The policy •stipulated that “this entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy, and, if fire occur, * * * within sixty days after the fire, unless such time is extended in writing by this company,…
1Dissent
Mayham, J.,
(dissenting.) This was an action upon a fire insurance policy for $1,000, divided as follows: $700 on stock of clothes, trimmings, and manufactured garments, and $300 on sewing-machines, tools, fixtures, wearing apparel, beds, bedding, etc., issued by the defendant on the 26th day of September, 1887, for one year. The policy contained several conditions, among which are the following, under which questions arise in this action. (1) A condition prohibiting other insurance, without the consent of the defendant, indorsed on the policy. (2) Either party had the right to cancel the…
2Cases cited5 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Parker v. . Arctic Fire Ins. Co.New York Court of Appeals · 1874