Legal Opinion
Gonsenhauser v. Home Insurance
New York Supreme Court
Decided January 4, 1967PublishedCited by 2 opinions
1Opinion of the CourtMarshall E. Livingston, J.
This motion is made by defendants for summary judgment dismissing plaintiff’s amended complaint on the ground that the action was not commenced within 12 months after inception of the loss, as required by subdivision 6 of section 168 of the Insurance Law.
Plaintiff’s amended complaint alleges, and the defendants admit, that Sherman ‘Cotton and/or Cotton Agency, Inc., were agents of the domestically licensed defendants in connection with ordering, issuing and maintaining policies of insurance covering plaintiff’s property against fire loss.
Defendants’ answer claims that the policies in question…
2Cases cited4 opinions
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Clarkson v. Western Assurance Co.New York Supreme Court · 1895
- Chambers v. Glens Falls InsuranceNew York Supreme Court · 1964
3Cited by2 opinions
- Avco Installment Sales Co., Inc. v. EdgeCivil Court of the City of New York · 1975
- Ball v. Utica Mutual InsuranceNew York Supreme Court · 1969