Legal Opinion

Walsh v. Hartford Fire Insurance

New York Supreme Court

Decided December 15, 1876Published

Appeal from a judgment in favor of the defendant, entered upon an order made at the Circuit, nonsuiting the plaintiff.

1Opinion of the Court

Mullin, P. J.:

The defendant insured the plaintiff’s dwelling-house at Carthage, in Jefferson county, for the term of three years, from the 27th of November, 1871, for the sum of $1,500 ; the policy was renewed on the 27th of November, 1874, for three years longer.

The policy contained the following condition amongst others, viz.: “ If the premises hereby insured shall become vacated by the removal of the owner or occupant, and so remain for a period of more than fifteen days without notice to the company and consent indorsed hereon, then the policy to be void. It is further expressly…

2Cases cited5 opinions

  1. Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
  2. Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
  3. Wood v. Poughkeepsie Mutual InsuranceNew York Court of Appeals · 1865
  4. Carroll v. Charter Oak InsuranceNew York Supreme Court · 1862
  5. Parker v. . Arctic Fire Ins. Co.New York Court of Appeals · 1874

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