Legal Opinion
Oppenheimer v. Baker & Williams
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1989PublishedCited by 6 opinions
1Opinion of the CourtFinch, J.
This appeal involves the ascertainment of the intention of the parties as expressed in a policy insuring against theft. A recovery by the assured upon this record carnlot stand. Where it appears as a part of the assured’s case that a portion of- the stolen goods have been recovered within a reasonable time, the burden is on the assured to show the actual loss, unless the policy provides otherwise. Compensation for legal services in salvaging part of the goods is not recoverable under the wording of this form of policy. The Globe & Rutgers Fire Insurance Company, Inc., is the defendant,…
2Cases cited2 opinions
- McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
- American Merchant Marine Ins. v. Liberty Sand & Gravel Co.Court of Appeals for the Third Circuit · 1922
3Cited by6 opinions
- Gowans v. Northwestern Pacific Indemnity Co.Oregon Supreme Court · 1971
- City Trust & Savings Bank of KanKakee v. Underwriting Members of Lloyds At LondonCourt of Appeals for the Seventh Circuit · 1940
- Golebiewski v. Great Eastern InsuranceCivil Court of the City of New York · 1967
- Brzozowski v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Featherstone v. Cambridge Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
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