Legal Opinion
Baldwin's Bank of Penn Yan v. Farmers' Reliance Mutual Insurance
New York Supreme Court
Decided September 23, 1933PublishedCited by 1 opinion
1Opinion of the CourtCunningham, J.
The plaintiff was the applicant for the insurance policy and the application and the policy contained a statement that the building was “ occupied by the applicant as a private family residence.” The defendant now seeks to avoid the policy because the premises were occupied by a tenant of plaintiff. The agent who wrote the insurance was informed that the plaintiff intended to lease the premises.
In view of the fact that the plaintiff is a banking institution, I believe that under the terms of the policy as written that the premises might be occupied by a tenant of the plaintiff. However, as…
2Cases cited6 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Sergent v. Liverpool & London & Globe InsuranceNew York Court of Appeals · 1898
- New York Auction Co. v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1932
- Aisenson v. National Casualty CompanyNew York Court of Appeals · 1933
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Baldwin's Bank of Penn Yan v. Farmers Reliance Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1934