Preston v. . Aetna Insurance Co.
New York Court of Appeals
Appeal from an order" of the Appellate Division of the Supreme Court in the first judicial department, entered April 5, 1907, reversing a judgment in favor of defendant entered upon the report of a referee and granting a new trial. The nature of the action apd the facts, so far as material, are stated in the opinion.
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Appeal from an order" of the Appellate Division of the Supreme Court in the first judicial department, entered April 5, 1907, reversing a judgment in favor of defendant entered upon the report of a referee and granting a new trial. The nature of the action apd the facts, so far as material, are stated in the opinion. The policy must be reasonably construed; there is no ambiguity or uncertainty in the language and the rule that a policy should he interpreted strictly against the insurer is inapplicable. (Nelson v. T. Ins. Co., 181 N. Y. 472; Allen v. G. A. Ins. Co., 123 N. Y. 6; Peabody v.…
1Opinion of the Court
Cullen, Ch. J.
This action is brought on a fire insurance policy to recover for the damage caused to an automobile by fire. The policy contained this provision : “ It is understood and agreed that this policy does not cover loss or damage caused by fire originating within the vehicle.” On a dark night in July, 1902, the automobile insured, which was propelled by the explosion of gasolene vapor, while going from Pleasure Bay to Monmouth, 24ew Jersey, ran off the road into a ditch filled with water to the depth of a man’s-knee. At the time of the occurrence there were in the vehicle a chauffeur…
2Cases cited4 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
- Michael v. Prussian National InsuranceNew York Court of Appeals · 1902
- Nelson v. Traders' Insurance Co. of Chicago, Ill.New York Court of Appeals · 1905
3Cited by19 opinions
- Johnson v. Travelers Insurance Co.New York Court of Appeals · 1936
- Witherstine v. Employers' Liability Assurance Corp.New York Court of Appeals · 1923
- Houlihan v. . Preferred Accident Ins. Co.New York Court of Appeals · 1909
- Niccoli v. Monarch Life InsuranceNew York Supreme Court · 1972
- Continental Casualty Co. v. NovyIndiana Court of Appeals · 1982
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