Legal Opinion

Titus v. . Glens Falls Insurance Company

New York Court of Appeals

Decided June 15, 1880PublishedCited by 268 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. Whether the terms of an insurance contract are reasonable is for the parties to it and not the courts to determine. (Sewage v. Howard Ins. Co., 52 N. Y. 504; Springfield F. and M. Ins.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. Whether the terms of an insurance contract are reasonable is for the parties to it and not the courts to determine. (Sewage v. Howard Ins. Co., 52 N. Y. 504; Springfield F. and M. Ins. Co. v. Allen, 43 id. 389-394.) The insurance by the Home policy being upon the same property and the same interest, and to the same assured, was specifically prohibited by…

1Opinion of the CourtEarl, J.

This is an action upon a fire policy insuring a barn, issued by the defendant to Oliver Merrill, loss payable to the plaintiff as mortgagee. The plaintiff recovered a verdict, and the defendant now seeks to reverse the judgment entered thereon, upon various grounds, which I will separately notice.

1. It was provided in the policy that it should be void, u if all the liens (whether by mortgage, judgment, or otherwise) on the property are not expressed hereon.” It was also provided that the application should form a part of the policy, and that the representations therein made should be…

2Cases cited4 opinions

  1. Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
  2. Webster v. Phœnix InsuranceWisconsin Supreme Court · 1874
  3. Pratt v. . N.Y. Central Ins. Co.New York Court of Appeals · 1874
  4. Allen, Safford & Co. v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1840

3Cited by268 opinions

  1. Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
  2. Equitable Life Assurance Society of United States v. EllisTexas Supreme Court · 1913
  3. McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
  4. Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
  5. Queen Insurance v. YoungSupreme Court of Alabama · 1888

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