Fleury v. Glens Falls Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed, with costs. The plaintiff’s agreement with her vendee to assume loss by fire is not a part of the contract of insurance, and does not nullify the operation of the clause in the contract of insurance which declares the policy void if the interest of the insured be other than unconditional and sole ownership. Such ownership was not in the plaintiff at the time the policy was issued. (Brighton Beach Racing Association v. Home Ins. Co., 113 App. Div. 728; affd., 189 N. Y. 526.) Present — Kelly, P. J. Manning, Kelby, Young and Kapper, JJ.
2Cases cited2 opinions
- Brighton Beach Racing Ass'n v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1906
- Brighton Beach Racing Association v. . Home Insurance Co.New York Court of Appeals · 1907