Gilbert v. Phœnix Insurance
New York Supreme Court
ONE Porter Kellogg was the owner in fee of a certain mill, at Nunda. In the latter part of December, 1857, he obtained from the defendants the policy of insurance on which this action is brought, dated January 1, 1858, insuring him against loss by fire on his mill to the amount of $>2000. In his application for such insurance he stated that there was no other insurance on the property.
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ONE Porter Kellogg was the owner in fee of a certain mill, at Nunda. In the latter part of December, 1857, he obtained from the defendants the policy of insurance on which this action is brought, dated January 1, 1858, insuring him against loss by fire on his mill to the amount of $>2000. In his application for such insurance he stated that there was no other insurance on the property. In the body of this policy it was agreed “that in case the assured, or any other person with the knowledge of the assured, shall have existing, during the continuance of this policy, any other insurance against…
1Opinion of the Court
By the Court,
Johnson, J.
It was expressly stipulated in the body of the policy, that the insurance should be void in case the assured, or any other person with his knowledge, should have existing, during the continuance of the policy, any other insurance on the property, not notified to the defendant, and mentioned in or indorsed upon this policy. This was a material part of the contract between the parties.
The fifth condition, which is also a part of the contract, provides that notices of all previous insurances upon property insured by the defendant shall be given to it and indorsed upon the…
2Cases cited3 opinions
- Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
- Bigler v. . New York Central Insurance CompanyNew York Court of Appeals · 1860
- Jube v. Brooklyn Fire InsuranceNew York Supreme Court · 1858
3Cited by4 opinions
- Healey v. Imperial Fire InsuranceNevada Supreme Court · 1869
- Carroll v. Charter Oak InsuranceNew York Supreme Court · 1862
- Whitwell v. Putnam Fire InsuranceNew York Supreme Court · 1872
- Carroll v. Charter Oak InsuranceNew York Court of Appeals · 1868