Arlington Co. v. . Colonial Assurance Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 2, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint except as to an undisputed portion of the plaintiff’s claim by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 2, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint except as to an undisputed portion of the plaintiff’s claim by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. In construing the meaning and scope of an insurance policy, the rule is well established that the description must be construed to be inclusive rather than exclusive, with a view to granting the assured full…
1Opinion of the CourtHaight, J.
This action was brought upon a policy of insurance issued by the defendant to the plaintiff on the 5th day of October, 1897, to recover the loss sustained by the plaintiff by, reason of a fire that occurred on the 30th day of April, 1898. The plaintiff was the owner of a plant, consisting at the time of the issuing of the insurance policy of sixteen buildings filled with fixtures, machinery and materials for the manufacture of pyralin, .a substitute for celluloid, situated at Arlington, Hudson county, Hew Jersey. The fire damaged building number eleven to the amount of $113.70. It also…
2Cited by6 opinions
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- Leavitt v. National Fire InsuranceNew York Supreme Court · 1915
- Alterman v. Home InsuranceAppellate Terms of the Supreme Court of New York · 1920
- Arlington Co. v. Empire City Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1906
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