Legal Opinion

Karelsen v. Sun Fire Office of London (Ltd.)

New York Court of Appeals

Decided December 2, 1890PublishedCited by 14 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 3, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. At the time of the fire there existed between the parties no contract of insurance. It had been duly terminated by the notice of cancellation given to the brokers or agents of the plaintiffs.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 3, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. At the time of the fire there existed between the parties no contract of insurance. It had been duly terminated by the notice of cancellation given to the brokers or agents of the plaintiffs. (31 N. Y. S. R. 286; Stone v. F. Ins. Co., 105 N. Y. 543; Armovr v. T. Ins. Co., 15 J. & S. 352; 90 N. Y. 450; S. Co. v.…

1Opinion of the CourtParker, J.

The action was brought upon an alleged contract of fire insurance to recover $2,500 for loss sustained by the burning of certain stock and machinery belonging to the plaintiffs. It appears that on September 2, 1885, the plaintiffs directed Pell, Wallack & Go., insurance brokers, to procure for them a line of insurance amounting to $10,000. They applied to defendant and it agreed to take $2,500 of the amount and signed and delivered to the brokers what is known as a “ binding slip,” in which it agreed to insure plaintiffs for twelve months from September 2, 1885. The slip to be binding until…

2Cases cited3 opinions

  1. Hermann v. Niagara Fire InsururanceNew York Court of Appeals · 1885
  2. Lipman v. Niagara Fire InsuranceNew York Court of Appeals · 1890
  3. Stone v. Franklin Fire Insurance Co. of BostonNew York Court of Appeals · 1887

3Cited by14 opinions

  1. Hicks v. British America Assurance Co.New York Court of Appeals · 1900
  2. Lea v. Atlantic InsuranceSupreme Court of North Carolina · 1915
  3. Underwood v. . Greenwich Ins. Co.New York Court of Appeals · 1900
  4. Brown v. Federal Life InsuranceIllinois Supreme Court · 1933
  5. Shippers' Compress Co. v. Northern Assur. Co.Court of Appeals of Texas · 1919

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