Thieme v. Niagara Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Niagara Fire Insurance Company, ■from a judgment of the Supreme Court in favor of the plaintiff, ■entered in the office of the clerk of the county of New York on the •31st day of May, 1904, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s •office on the 16th day of May, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1DissentMcLaughlin, J.
I am unable to concur in the opinion of Mr. Justice Ingraham. The building insured at the time it was consumed by fire was, I think, both vacant and unoccupied, which, under a provision of the policy, prevented a recovery. This provision is as follows: “ This 'entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void * * * if a building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten ■days.” The policy was issued on the 21st of May, 1901, and covered a two-story frame…
2Cases cited7 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Herrman v. . Adriatic Fire Insurance Co.New York Court of Appeals · 1881
- Agricultural Insurance v. Hamilton ex rel. HopkinsCourt of Appeals of Maryland · 1895
- Litch v. North British & Mercantile InsuranceMassachusetts Supreme Judicial Court · 1884
- Poor v. Humboldt InsuranceMassachusetts Supreme Judicial Court · 1878
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