Brighton Beach Racing Ass'n v. Home Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Brighton Beach Racing Association, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 7th day of June, 1905, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Rich, J.:
The plaintiff, as assignee of one Dunne, seeks to recover a .fire loss on a policy of insurance, in the standard form, issued by the defendant upon realty situated in the borough of Brooklyn, owned in fee simple, at the time the policy was issued, .by Dunne. The policy contains the following provision : “ This entire policy, unless otherwise provided by-agreement indorsed hereon or added hereto, shall be void * * * if any change other than by the death of the insured take place in the interest, title or possession of the subject of insurance (except change of occupancy without…
2Cases cited3 opinions
- Pelton v. . Westchester Fire Insurance CompanyNew York Court of Appeals · 1879
- Lett v. Guardian Fire InsuranceNew York Court of Appeals · 1890
- Southern Cotton Oil Co. v. Prudential Fire Ass'nNew York Supreme Court · 1894
3Cited by14 opinions
- Brickell v. Atlas Assurance Co., Ltd.California Court of Appeal · 1909
- Mark v. Liverpool & London & Globe InsuranceSupreme Court of Minnesota · 1924
- Columbia Trust Co. v. Norske Lloyd InsuranceNew York Supreme Court · 1917
- Farmers Mutual Fire Insurance v. OlsonIndiana Court of Appeals · 1920
- Hubbard and Perry v. Home Ins. Co. of N.Y.Missouri Court of Appeals · 1920
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