Legal Opinion
Premium Coal Co. v. New Hampshire Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 1942PublishedCited by 5 opinions
1Opinion of the CourtCohn, J.
The action is brought to recover upon an open policy of inland marine insurance issued by defendant covering plaintiff’s shipments of coal. The complaint alleges that a shipment of coal was totally lost by the sinking of the barge Jackie upon which it was laden, due to perils of the sea.
*321By order of the Special Term there has been stricken from defendant’s amended answer the two affirmative defenses contained therein. Defendant appeals from such order.
The first affirmative defense alleges that defendant was not to be liable upon the policy for loss of any coal unless the same was shipped on…
2Cases cited5 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Wilson v. . FordNew York Court of Appeals · 1913
- Rasmussen v. New York Life InsuranceNew York Court of Appeals · 1935
- American Aniline Products, Inc. v. Mitsui & Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by5 opinions
- Anchin, Block & Anchin v. Pennsylvania Coal & Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1954
- Aetna Ins. Co. v. DicklerDistrict Court, S.D. New York · 1951
- Droesch Homes, Inc. v. PietrosNew York Supreme Court · 1945
- Schelberger v. SchelbergerNew York Supreme Court · 1943
- Novak & Rehner, Inc. v. StateNew York Court of Claims · 1948