Walradt v. Phœnix Insurance Co. of Hartford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 26, 1892, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a policy of fire insurance. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 26, 1892, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a policy of fire insurance. The facts, so far as material, are stated in the opinion. The policy of insurance, issued by the defendant to the plaintiff’s assignor, had become void prior to the fire, by reason of the change of interest, and change of possession, caused by the levy of the execution by the…
1Opinion of the CourtO'Brien, J.
The payment of the loss in this case is resisted by the insurance company upon the ground that there was a breach of one of the conditions of the policy, upon which its liability depended. The question upon which the case turns is the construction and effect to be given to the following condition, constituting a part of the contract:
“ This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has, etc., * * * ; or if any change, other than by the death of an insured, take place in the interest, title or possession of the…
2Cases cited4 opinions
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
- Haight v. . Continental Ins. Co.New York Court of Appeals · 1883
- Green v. . Homestead Fire Insurance Co.New York Court of Appeals · 1880
3Cited by16 opinions
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Bowling v. Continental InsuranceWest Virginia Supreme Court · 1920
- Finkbohner v. Glens Falls InsuranceCalifornia Court of Appeal · 1907
- Germania Fire Insurance v. Home InsuranceNew York Court of Appeals · 1894
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