Legal Opinion

Beckley v. Otsego County Farmers Cooperative Fire Insurance

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

Decided January 31, 1957PublishedCited by 37 opinions

1Opinion of the CourtHalpern, J.

The plaintiff’s actions against the defendant fire insurance companies have been summarily dismissed on motion, not upon a showing that the plaintiff was not entitled to payment under the policies in the situation which existed at the time of the occurrence of the loss, but upon the ground that he had subsequently breached a condition of the policies by refusing to submit to an examination concerning the loss. This was the sole ground of the defendants’ motions for summary judgment.

We have concluded that the motions for summary judgment should have been denied. It appears to us that there is…

2Cases cited7 opinions

  1. Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
  2. Sherri v. National Surety Co.New York Court of Appeals · 1926
  3. Jensen v. Palatine InsuranceNebraska Supreme Court · 1908
  4. State Ex Rel. Continental Insurance v. BeckerSupreme Court of Missouri · 1934
  5. Johnson v. National Fire InsuranceMichigan Supreme Court · 1931

2 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
  2. Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
  3. Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1981
  4. Wayne v. Farm Family Mutual InsuranceSupreme Judicial Court of Maine · 1993
  5. Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1980

32 more not listed; retrieve them via the Exa API.

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