Legal Opinion
Weatherwax v. Royal Indemnity Co.
New York Court of Appeals
Decided February 13, 1929PublishedCited by 37 opinions
1Opinion of the Court
Cardozo, Ch. J.
Plaintiffs recovered judgments against Gainor upon claims for personal injuries. Execution being returned unsatisfied, they brought these actions under Insurance Law, § 109 (Cons. Laws, ch. 28), upon a policy of insurance issued by the defendant, whereby Gainor was indemnified against loss- from liability for negligence. The rule is settled that a creditor, enforcing such a policy, stands in the shoes of the insured, and forfeits the insurance if there has been a breach of its conditions (Coleman v. New Amsterdam Cas. Co., 247 N. Y. 271). The question is whether such a breach…
2Cases cited8 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Joseph Gordon, Inc. v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1920
- People v. NitzbergNew York Court of Appeals · 1941
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Gerka v. Fidelity & Casualty Co.New York Court of Appeals · 1929
- Lavine v. Indemnity Insurance Co. of North AmericaNew York Court of Appeals · 1933
- Houran, Admr. v. Preferred Acc. Ins. Co. of N.Y.Supreme Court of Vermont · 1938
- Jenkins v. BurgosAppellate Division of the Supreme Court of the State of New York · 1984
- Bazar v. Great American Indemnity Co.New York Court of Appeals · 1954
32 more not listed; retrieve them via the Exa API.