Tyler v. Ætna Fire Insurance
New York Supreme Court
This was an action on a policy of insurance against fire, tried at the Monroe circuit in April, 1832, before the Hon. Addison Gardiner, one of the circuit judges.
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This was an action on a policy of insurance against fire, tried at the Monroe circuit in April, 1832, before the Hon. Addison Gardiner, one of the circuit judges. The plaintiff in an application for insurance, addressed to the agent of the defendants, dated 7th August, 1827, wrote, ‘“I wish to effect an insurance at the office, of which you are agent, on my house in which I resideand after describing adjacent buildings, adds : “I would wish to insure $1800 on my buildings for one year. ” On the 24th of the same month, the defendants underwrote the policy, whereby, for the consideration of…
1Opinion of the Court
*512 By the Court,
Nelson, J.
When this case was first before the court, on a motion to set aside a non-suit and to grant a new trial, we decided that the preliminary proofs furnished were sufficient; that the plaintiff had an insurable interest in the property, and was not bound to disclose the nature or extent of his interest on the application, unless particularly inquired of by the company; and that he had a right to insure as general owner.
It is again urged that he was bound to disclose the particular interest he held in the property, and could not insure as, general owner, and the case of…
2Cases cited4 opinions
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Traders' Insurance v. RobertNew York Supreme Court · 1832
- Locke v. North American InsuranceMassachusetts Supreme Judicial Court · 1816
- Lawrence v. Van Horne & ClarksonNew York Supreme Court · 1803
3Cited by35 opinions
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Riggs v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
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