Zivitz v. Maryland Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Maryland Casualty Company, from a determination of the Appellate Term of the Supreme Court, First Department, entered in the office of the clerk of the county of New York on the 27th day of October, 1919, affirming a .judgment of the City Court of the City of New York in favor of the plaintiffs, and an order denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The recovery was on a policy of insurance against loss from burglary issued by the defendant to the plaintiffs on the 27th day of February, 1917. By the terms of the policy the defendant agreed, among other things, to indemnify the plaintiffs for a period, including the date of the loss in question, “ for direct loss by burglary of any of the merchandise described in the schedule ” thereto annexed “ occasioned by its felonious abstraction from within the premises actually occupied by the assured and described in the schedule.” The premises occupied by the plaintiffs and described…
2Cases cited2 opinions
- Paskusz v. . Philadelphia Casualty Co.New York Court of Appeals · 1914
- Syracuse Malleable Iron Works v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by5 opinions
- In re the Arbitration between Nationwide Mutual Insurance & MasonAppellate Division of the Supreme Court of the State of New York · 1971
- In re the Arbitration between Prudential Property & Casualty Insurance & PearceNew York Supreme Court · 1985
- Chodorow v. Berkshire Mutual Fire InsuranceCity of New York Municipal Court · 1943
- First Savings and Loan Ass'n v. American Home Assurance Co.New York Court of Appeals · 1971
- First Savings and Loan Ass'n v. American Home Assurance Co.New York Court of Appeals · 1971