Heilbrunn v. . German Alliance Insurance Co. of New York
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 4, 1910, which reversed an order of Special Term sustaining a demurrer to the complaint and overruled said demurrer. The following question was certified: “Does the amended complaint state facts sufficient to constitute a cause of action? ”
1Opinion of the CourtCollin, J.
The nature of the action and the facts, so far as material, are stated in the opinion of. Scott, J., below. (Heilbrunn v. German Alliance Ins. Co., 140 App. Div. 557)
We admit that insurance companies ought to have more protection in the matter of the time within which actions upon their policies must be brought, and possibly in other respects, than has been afforded them under the decision of the Appellate Division in this case; but the difficulty is that the language of those stipulations or conditions of the policy which relate to the proceedings after the liability of the company has…
2Cases cited1 opinion
- Heilbrunn v. German Alliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by24 opinions
- United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Trust Co. of St. Louis County v. Phoenix InsuranceMissouri Court of Appeals · 1919
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