Gibson Electric Co. v. Liverpooland London & Globe Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1896, affirming a judgment of the trial court which dismissed the plaintiff’s complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The acts of the defendant in proceeding with the adjustment of the loss, after knowledge of the forfeiture, waived the forfeiture. (Titus v. G. F. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1896, affirming a judgment of the trial court which dismissed the plaintiff’s complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The acts of the defendant in proceeding with the adjustment of the loss, after knowledge of the forfeiture, waived the forfeiture. (Titus v. G. F. Ins. Co., 81 N. Y. 410 ; Weed v. L. & L. F. Ins. Co., 116 N. Y. 106 ; Roby v. A. C. Ins. Co., 120 N. Y. 510 ; Armstrong v. A. Ins. Co.,…
1Opinion of the CourtMartin, J.
This action was upon a standard policy of fire-insurance whereby the defendant insured the plaintiff’s buildings, engines, machinery, goods and other property described therein for the period of one year from 27ovember 23, 1890.. Among others, the policy contained provisions to the effect that the company should not be liable beyond the actual cash value of the property insured at the time any loss or damage should occur; that the loss or damage should be ascertained or estimated according to such actual cash value; that such ascertainment or estimate should be made by the insured and the…
2Cases cited14 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Robert Clark, Jr. v. Union Mutual Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1982
- Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
- Tillis v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1903
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
47 more not listed; retrieve them via the Exa API.