Flaherty v. Continental Insurance
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Charles Flaherty, for a new trial upon a case containing .exceptions, ordered to be heard by. the Appellate Division in the first instance, and upon a nonsuit granted by the court after a trial at the Livingston Trial Term on the 6th day of May, 1896. On the 23d day of August, 1893> the defendant issued a policy of insurance to the plaintiff, by the terms of which it insured him for the term of three years against loss or damage by fire to an amount…
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Motion by the plaintiff, Charles Flaherty, for a new trial upon a case containing .exceptions, ordered to be heard by. the Appellate Division in the first instance, and upon a nonsuit granted by the court after a trial at the Livingston Trial Term on the 6th day of May, 1896. On the 23d day of August, 1893> the defendant issued a policy of insurance to the plaintiff, by the terms of which it insured him for the term of three years against loss or damage by fire to an amount not exceeding $1,500, upon his tw.o-story frame house, celery house, barn and contents, all situate in the town of…
1Opinion of the Court
Adams, J.:
By the terms of the defendant’s contract of insurance, as expressed in its policy, the furnishing of proofs of loss by the plaintiff was undoubtedly a condition-precedent to the latter’s right to recover, and his omission to furnish the same within the prescribed time would, generally speaking, work a forfeiture of the contract. (Sergent v. The L. & L. & G. Ins. Co., 85 Hun, 31.) This requirement, however, is one which was inserted in the policy for the exclusive benefit of the. defendant, and unquestionably it had the right to waive its performance. The single question, therefore,…
2Cases cited2 opinions
- Messelback v. . NormanNew York Court of Appeals · 1890
- Lang v. Eagle Fire Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by9 opinions
- Calhoun v. Universal Credit Co.Utah Supreme Court · 1944
- Popa v. Northern InsuranceMichigan Supreme Court · 1916
- In re the Estate of SidmanNew York Surrogate's Court · 1935
- Commonwealth Insurance v. SolomanSuperior Court of Delaware · 1923
- Lloyd v. North British & Mercantile InsuranceAppellate Division of the Supreme Court of the State of New York · 1916
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