Goit v. National Protection Insurance
New York Supreme Court
APPEAL from a judgment entered at special term, by the judge without a jury. The action was on a policy of insurance against fire, issued to the plaintiff and his brother Joseph H. Groit, and assigned by Joseph H. to the plaintiff, after the loss. The premium was not paid until after the loss; the agent of the defendants telling the insured that it was immaterial; that he did not care to receive it until he made his returns, and he would call for it.
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APPEAL from a judgment entered at special term, by the judge without a jury. The action was on a policy of insurance against fire, issued to the plaintiff and his brother Joseph H. Groit, and assigned by Joseph H. to the plaintiff, after the loss. The premium was not paid until after the loss; the agent of the defendants telling the insured that it was immaterial; that he did not care to receive it until he made his returns, and he would call for it. The premium was paid to, and accepted by, the agent, the day after the fire. The defendants had requested their agent to cancel the policy as…
1Opinion of the Court
By the Court, W. F. Allen, J.
The objections to the right of the plaintiff to recover are three-fold. (1.) That the premium was not actually paid at the time of the loss of the premises by the peril insured against, and therefore the policy had not attached. (2.) That after the delivery of the policy, and before the loss, the defendants had signified to the insured their desire to cancel the policy, and that from that time the policy ceased to be valid. (3.) That by the transfer, by one of the insured to his co-tenant, of his interest in the claim, after the loss, the liability of the…
2Cited by43 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
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