McDowell v. Saint Paul Fire & Marine Insurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John McDowell, from a judgment of the Supreme Court in favor of the defendant insurance company, entered in the office of the clerk of the county of Ulster oil the 28th day of December, 1910, upon the. decision of the court, rendered after a trial before the court without a. jury at the Ulster Trial Term, dismissing' the complaint Upon the merits. •
1DissentHoughton, J.
Had there'been attached to the policy in question the regular “mortgage clause” providing that any act or neglect of the mortgagor or owner should not invalidate the policy as to the mortgagee, it would have been unnecessary for the plaintiff to furnish proofs of loss or prove that the owner had done so. (Heilbrunn v. German Alliance Insurance Company, 140 App. Div. 557.) The reason why the mortgagee would not be obliged to furnish proofs of loss in such a case is that the mortgage clause attached to the policy constitutes a new and independent contract between the insurance company and the…
2Cases cited6 opinions
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
- Moore v. Hanover Fire InsuranceNew York Court of Appeals · 1894
- Heilbrunn v. German Alliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- The Buffalo Steam Engine Works v. . the Sun Mut. Ins. Co.New York Court of Appeals · 1858
- Armstrong v. Agricultural InsuranceNew York Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.