Legal Opinion
Proc v. Home Insurance
New York Court of Appeals
Decided April 28, 1966PublishedCited by 69 opinions
1Opinion of the CourtFuld, J.
The plaintiff’s beauty parlor was covered by standard fire insurance policies issued by the five defendant companies. The premises were partially destroyed by fire on November 26, 1962 but it was not until February 7, 1964 that he brought this action to recover damages caused by the blaze. He had filed proofs of loss in May of 1963, following the defendants’ demand, two months earlier, that he do so. The defendants moved, pursuant to CPLR 3211 (subd. [a], par. 5), to dismiss the complaint on the ground that suit had not been commenced, as prescribed by the policies, ‘ ‘ within twelve months…
2Cases cited19 opinions
- Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- Sager Glove Corporation v. Aetna Insurance CompanyCourt of Appeals for the Seventh Circuit · 1963
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Boyd v. Bankers & Shippers Insurance CompanySupreme Court of North Carolina · 1957
14 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
- Prudential-LMI Commercial Insurance v. Superior CourtCalifornia Supreme Court · 1990
- Peloso v. Hartford Fire Insurance Co.Supreme Court of New Jersey · 1970
- Vu v. Prudential Property & Casualty InsuranceCalifornia Supreme Court · 2001
- General State Authority v. Planet InsuranceSupreme Court of Pennsylvania · 1975
64 more not listed; retrieve them via the Exa API.