Legal Opinion

Hellert v. Travelers Insurance

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1976PublishedCited by 4 opinions

1Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: Plaintiff contends that her motion for summary judgment in lieu of complaint pursuant to CPLR 3213 should have been granted. We do not agree. On November 8, 1974 plaintiff purchased a personal articles policy of insurance from defendant in order to insure her coin collection. The policy contained an exclusion clause which stated that the coins were not insured against "Theft from any unattended automobile.” On November 13, 1974 plaintiff’s parked and locked automobile was stolen from a public street in the City of Buffalo sometime between…

2Cases cited4 opinions

  1. Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
  2. Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
  3. Royce Furs, Inc. v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
  4. Dreiblatt v. TaylorAppellate Terms of the Supreme Court of New York · 1947

3Cited by4 opinions

  1. Santo v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  2. Troncillito v. Farm Family Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
  3. Insurance Co. of North America v. Dayton Tool & Die Works, Inc.New York Court of Appeals · 1982
  4. Package Freight Express v. New Hampshire Insurance Group, Pennsylvania Court of Common Pleas, Philadelphia County1978

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