Hill v. London Assur. Corp.
New York Court of Common Pleas
Appeal from city court, general term. This action was brought upon a policy of fire insurance, in which, among •other things, it was provided that the same should cover household furniture and other articles of personal property belonging to plaintiff “while contained in the frame dwelling situate, detached, at Bay Side, Long Island. ” The policy was originally issued to plaintiff through L. L. Whitney, who was a general agent of the defendant for the city of Brooklyn and…
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Appeal from city court, general term. This action was brought upon a policy of fire insurance, in which, among •other things, it was provided that the same should cover household furniture and other articles of personal property belonging to plaintiff “while contained in the frame dwelling situate, detached, at Bay Side, Long Island. ” The policy was originally issued to plaintiff through L. L. Whitney, who was a general agent of the defendant for the city of Brooklyn and its vicinity. Testimony was introduced on behalf of the plaintiff, which the jury evidently believed, to the effect that…
1Opinion of the CourtLarremore, C. J.
It is immaterial what our own views might have been upon the main question, if it had arisen here for the first time, because we think we must decide it on clear and unmistakable authority. We can discover no distinction in principle between the case at bar and Walsh v. Insurance Co., 73 N. Y. 5. In that case it was expressly provided in the policy that no officer, agent, or representative of the company should be held to have waived any of the terms and conditions of the policy unless such waiver was indorsed thereon in writing. The court of appeals held that this was a plain *502limitation upon…
2Cases cited2 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
3Cited by3 opinions
- Marett v. World Fire & Marine InsuranceSupreme Court of Kansas · 1945
- Hill v. London Assurance Corp.City of New York Municipal Court · 1890
- Berry v. American Central Insurance of St. LouisNew York Supreme Court · 1890