Wheeler v. . Phenix Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 16, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as mate-trial, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 16, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as mate-trial, are stated in the opinion. The explosion clause does not relieve an insurance company from liability for loss directly caused by an accidental fire in the insured premises. (Richards on Ins. Law [3d ed.], 370; Kerr on Ins. 370; 2 May on Ins. [4th ed.] § 416a; 3 Joyce on Ins, § 2772;…
1Opinion of the CourtHaight, J.
This action was brought to recover the amount of a policy of insurance issued by the defendant to the plaintiffs, insuring them against direct loss or damage hy fire to the Ontario elevator situated on the east side of the Evans ship canal in the city of Buffalo.
The complaint alleges that the property was wholly destroyed hy fire on the 30th day of October, 1904, and that the plaintiffs sustained a loss of $103,000, with an aggregate insurance of $94,150, and demands judgment for the amount of the policy. The answer admits the issuance of the policy and denies the other. material allegations…
2Cases cited5 opinions
- Mitchell v. Potomac InsuranceSupreme Court of the United States · 1901
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Transatlantic Fire Insurance v. DorseyCourt of Appeals of Maryland · 1881
- Briggs v. North American & Mercantile InsuranceNew York Court of Appeals · 1873
- Hustace v. . Phenix Ins. Co.New York Court of Appeals · 1903
3Cited by26 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Tonkin v. California Insurance Co. of San Francisco, Inc.New York Court of Appeals · 1945
- Delametter v. the Home Ins. Co.Missouri Court of Appeals · 1939
- Githens v. Great American InsuranceSupreme Court of Iowa · 1926
- Northwestern Nat. Ins. Co. v. MimsCourt of Appeals of Texas · 1920
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