Legal Opinion
Galantshik v. Globe Fire Insurance
New York Court of Common Pleas
Decided December 3, 1894PublishedCited by 2 opinions
Appeal from trial term. Action by Rachel Galantshik against the Globe Fire Insurance Company of the City of New York to recover on a policy of fire insurance. There was a judgment entered on a verdict directed by the court for plaintiff, and defendant appeals.
1Opinion of the Court
DALY, O. J.
The plaintiff recovered upon a policy of fire insurance for $4,500, issued by defendant upon the premises 183 Clinton street. The recovery was $3,500, the full amount of the loss, notwithstanding the contention of defendant that it was liable only for a proportional part of such loss under the following clause of the policy:
“This company shall not be liable under this policy for a greater proportion of any loss on the described property than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent assurers, covering such…
2Cases cited2 opinions
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
- Hand v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1874
3Cited by2 opinions
- Smith v. Northern InsuranceAppellate Division of the Supreme Court of the State of New York · 1931
- Cox v. Home Insurance Co.Supreme Court of Missouri · 1932