Home Insurance Co. v. . Continental Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1904, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1904, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. By the main and principal obligation of the policy of reinsurance defendant obligated itself to pay the plaintiffs the full amount of their loss, which is less than $5,000. The pro rata words of the reinsurance rider do not aid the defendant at all. (Hand v. W. F. Ins. Co., 57 N. Y. 41; L. A. Corp.…
1Opinion of the CourtVann, J.
This action was brought by two fire insurance companies against a third, upon a contract of reinsurance in the standard form, made under the following circumstances : On the 13th of June, 1895, the plaintiffs, “ each acting and contracting for itself and not one for the other,” by a policy otherwise joint in form, insured one Heilner for the term of one year to an amount not exceeding $10,000 against loss by tire to a quantity of wool. On the 16th of‘July, 1895, the defendant reinsured the plaintiffs against all loss, except as otherwise provided, under their said policy to Heilner to an…
2Cases cited9 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- The Mutual Safety Ins. Co. v. . HoneNew York Court of Appeals · 1849
- Wallace v. . StrausNew York Court of Appeals · 1889
- Blackstone v. . Alemannia Fire Ins. Co.New York Court of Appeals · 1874
- Insurance of New York v. Associated Manufacturers' Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by9 opinions
- Hart v. CortAppellate Division of the Supreme Court of the State of New York · 1914
- Clifton Shirting Co. v. Bronne Shirt Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Kraus v. Chatham Phenix National Bank & Trust Co.City of New York Municipal Court · 1932
- O'Neal v. Macon County Board of EducationSupreme Court of Alabama · 1986
- John P. McNally and Tom McNally D/B/A McNally Elevator Service Company, Plaintiff's-Appellees v. American States Insurance CompanyCourt of Appeals for the Sixth Circuit · 1962
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