Stich v. Fidelity & Deposit Co. of Maryland
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by John Stich against the Fidelity & Deposit Company of Maryland. From a judgment of the Municipal Court, and from an order denying a new trial, defendant appeals. Affirmed.
1Opinion of the CourtLehman, J.
[1, 2] The plaintiff can recover only if he shows that the loss of the jewelry insured occurred by “burglary, theft, or larceny.” By the express terms of the policy the insurance company is not liable unless the loss is occasioned by “felonious abstraction.” A felonious abstraction cannot be presumed, nor can it be inferred from a mere loss. Where the evidence is entirely consistent with a loss by negligence of the party insured or by the innocent act of a third party, the plaintiff has obviously failed to prove a loss by felonious abstraction. In the cases of Schindler v. United States…
2Cases cited2 opinions
- Gordon v. Ætna Indemnity Co. of HartfordAppellate Terms of the Supreme Court of New York · 1909
- Schindler v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1908
3Cited by7 opinions
- Lovas v. St. Paul Insurance CompaniesNorth Dakota Supreme Court · 1976
- Emery v. Ocean Accident & Guarantee Corp.Michigan Supreme Court · 1920
- Wolf v. Ӕtna Accident & Liability Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Haas v. Fidelity & Deposit Co. of MarylandAppellate Terms of the Supreme Court of New York · 1916
- Zech v. New Jersey Fidelity & Plate Glass InsuranceAppellate Court of Illinois · 1920
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