Corbett v. . Spring Garden Ins. Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered March 25, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. Tliis was an action upon a policy of fire insurance. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered March 25, 1895, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. Tliis was an action upon a policy of fire insurance. The facts, so far as material, are stated in the opinion. The contract of insurance was enforceable only in the event of the “ total destruction” of the premises, and there was no total destruction within the meaning of the policy. (Cad-well v. Arnheim, 152 N. Y. 182; Hudson v. R., W. & O. R. R. Co., 145…
1Opinion of the CourtO’Brien, J.
The defendant insured the plaintiff’s leasehold interest in a building in the city of New York in the sum of $2,500 for three years against total destruction of the building by fire. The premium charged was $18.75. The plaintiff’s right to recover depended upon the fact alleged that the building was totally destroyed within the meaning of the policy. The following is the condition of the policy which described and limited the defendant’s liability in case of fire :
“ It is a condition of this insurance that in case of such destruction by fire of the above-named premises that the lease held by…
2Cases cited6 opinions
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Hamburg-Bremen Fire Insurance v. GarlingtonTexas Supreme Court · 1886
- Seyk v. Millers' National InsuranceWisconsin Supreme Court · 1889
- Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880
- Insurance Co. v. FogartySupreme Court of the United States · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Liverpool & London & Globe Insurance v. HeckmanSupreme Court of Kansas · 1902
- Benson v. Iowa Bake-Rite Co.Supreme Court of Iowa · 1928
- Northwestern Mutual Life Insurance v. Rochester German InsuranceSupreme Court of Minnesota · 1901
- Phoenix Insurance v. Shulman Co.Supreme Court of Virginia · 1919
- Dickler v. CIGNA Property & Casualty Co.Court of Appeals for the Third Circuit · 1992
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