Legal Opinion

Taggert v. Security Insurance Co. of New Haven

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

Decided November 20, 1950Published

1Opinion of the Court

In an action on a personal property floater policy of insurance to recover a loss allegedly covered thereby, defendant appeals from an order (1) denying its motion for summary judgment dismissing the complaint, and (2) granting plaintiff’s motion for an examination of defendant before trial. It is undisputed that the action was not commenced within twelve months after the loss was sustained, as required by the policy. However, the policy also provides that if by the laws of the State within which it was issued such a limitation is invalid, the action must be commenced within the shortest…

2Cases cited4 opinions

  1. Brandyce v. Globe & Rutgers Fire InsuranceNew York Court of Appeals · 1929
  2. Coleman v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1920
  3. Prall v. Mutual Protection Life Assurance SocietyNew York Court of Common Pleas · 1874
  4. St. Paul Fire & Marine Insurance v. Phœnix Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1932

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