Legal Opinion
O'Donnell v. Marine Transit Corp.
New York Court of Appeals
Decided March 23, 1934PublishedCited by 5 opinions
1Opinion of the Court
Pound, Ch. J.
This is an action on a policy of marine insurance. The policy consists of a printed form with a rider composed of three typewritten pages, containing twenty-six paragraphs. It is provided that “ the terms and conditions of this form [the typewritten rider] are to be regarded as substituted for those of the policy to which they are attached, when they conflict.” This raises the questions (a) was there a contract of insurance between the plaintiffs and the insurance company; (b) if so, what was that contract? “ The difficulty in answering * * * arises out of the practice of…
2Cases cited2 opinions
- Duncan v. China Mutual InsuranceNew York Court of Appeals · 1891
- Atlantic Basin Iron Works v. American InsuranceNew York Court of Appeals · 1929
3Cited by5 opinions
- United States Fire Insurance Co. v. Gulf States Marine & Mining CompanyCourt of Appeals for the Fifth Circuit · 1959
- Herald Nathan Press, Inc. v. BourgesCity of New York Municipal Court · 1936
- Lowery v. Connecticut Fire Ins. Co. of HartfordCourt of Appeals for the Second Circuit · 1934
- American Powder Co. v. Commonwealth InsuranceNew York Supreme Court · 1937
- O'Donnell v. Marine Transit Corp.New York Court of Appeals · 1934