Forward v. Continental Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18,1893, which denied a motion for a new trial, overruled defendant’s exceptions and directed judgment in favor of plaintiff upon a verdict. This action was brought to recover the amount of an adjusted loss under a policy of insurance issued by defendant. The facts, so far as material, are stated in the opinión.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18,1893, which denied a motion for a new trial, overruled defendant’s exceptions and directed judgment in favor of plaintiff upon a verdict. This action was brought to recover the amount of an adjusted loss under a policy of insurance issued by defendant. The facts, so far as material, are stated in the opinión. A policy of insurance, like other contracts, is presumed to embrace the entire agreement between the parties. After it has been delivered and accepted,…
1Opinion of the CourtO’Brien, J.
The judgment in this case was recovered upon a policy of insurance, issued April 23,1891, at one year, upon a store and the goods therein, which were owned by the plaintiff. By the terms of the policy the risk was distributed as follows: Upon the store a sum not exceeding $1,000, the goods a sum not exceeding $1,200, and the furniture and safe a sum not exceeding $100. The entire property was destroyed by fire on the 27tli of September, 1891. The complaint alleges and the answer admits that the loss was adjusted and determined between the plaintiff and. a general agent of tli© defendant on…
Also in this document: Dissent.
2Cases cited3 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
3Cited by52 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Bible v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1931
- Drilling v. . New York Life Ins. Co.New York Court of Appeals · 1922
- Welch v. Fire Ass'n of PhiladelphiaWisconsin Supreme Court · 1904
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