Legal Opinion
United States Fidelity & Guaranty Co. v. Annunziata
New York Court of Appeals
Decided April 1, 1986PublishedCited by 181 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
A mortgagee named in a fire insurance policy containing a standard mortgagee clause is not obligated to comply with the provisions of the policy requiring the named insured to submit to an examination under oath. In reaching this conclusion we reject the contrary rule stated in Mortgagee Affiliates Corp. v Commercial Union Ins. Co. (27 AD2d 119, 121).
The narrow question concerning a mortgagee’s obligation to submit to oral questions arises in a dispute over coverage for a fire loss occurring in a summer home in the Village of Fort Ann, Washington County.…
2Cases cited11 opinions
- Government Employees Insurance v. KliglerNew York Court of Appeals · 1977
- State Farm Mutual Automobile Insurance v. WestlakeNew York Court of Appeals · 1974
- 151 West Associates v. Printsiples Fabric Corp.New York Court of Appeals · 1984
- Johnson v. Travelers Insurance Co.New York Court of Appeals · 1936
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
6 more not listed; retrieve them via the Exa API.
3Cited by181 opinions
- White v. Continental Casualty Co.New York Court of Appeals · 2007
- Duane Reade Inc., Plaintiff-Counter-Defendant-Appellee v. St. Paul Fire and Marine Insurance Company, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2005
- International Business Machines Corporation v. Liberty Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2004
- Roundabout Theatre Co. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Mostow v. State Farm Ins. Cos.New York Court of Appeals · 1996
176 more not listed; retrieve them via the Exa API.