Legal Opinion

Happy Hank Auction Co. v. American Eagle Fire Insurance

Appellate Division of the Supreme Court of the State of New York

Decided October 25, 1955PublishedCited by 21 opinions

1Opinion of the CourtBotein, J.

Plaintiff is a corporation engaged in the retail furniture business. On December 7, 1953, a fire occurred on its premises which damaged plaintiff’s property. Plaintiff was insured with defendant insurance companies in a substantial amount against loss by fire.

Following inability to adjust its claim plaintiff commenced an action upon the policies. In the first cause of action it seeks a direction for an appraisal to determine the amount of the loss. The second cause of action seeks a money judgment in the amount determined on appraisal, or in the alternative, the face amount of the policies.…

2Cases cited15 opinions

  1. Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
  2. McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
  3. Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
  4. McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
  5. Sebring v. Fidelity-Phenix Fire InsuranceNew York Court of Appeals · 1931

10 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Tran v. State Farm Fire and Cas. Co.Washington Supreme Court · 1998
  2. Happy Hank Auction Co. v. American Eagle Fire InsuranceNew York Court of Appeals · 1956
  3. Deitsch Textiles, Inc. v. New York Property Insurance Underwriting Ass'nNew York Court of Appeals · 1984
  4. Mortgagee Affiliates Corp. v. Commercial Union InsuranceAppellate Division of the Supreme Court of the State of New York · 1967
  5. Thomson v. State Farm InsuranceMichigan Court of Appeals · 1999

16 more not listed; retrieve them via the Exa API.

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