Birnbaum v. Jamestown Mutual Insurance
New York Court of Appeals
I. The damages sustained by plaintiff as a result of the accident are within the coverage of the policy issued by defendant. The provisions of the policy and those of the indorsement are not repugnant or mutually exclusive. (Thompson-Starrett Co. v. American Mut. Liability Ins'. Co., 276 N. Y. 266; Poel v. Brunswich-Balke-Collender Co., 216 N. Y. 310; Hartol Products Cor The policy in express terms did not cover the use of the truck at the time of the accident.
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I. The damages sustained by plaintiff as a result of the accident are within the coverage of the policy issued by defendant. The provisions of the policy and those of the indorsement are not repugnant or mutually exclusive. (Thompson-Starrett Co. v. American Mut. Liability Ins'. Co., 276 N. Y. 266; Poel v. Brunswich-Balke-Collender Co., 216 N. Y. 310; Hartol Products Cor The policy in express terms did not cover the use of the truck at the time of the accident. (Euto v. [American] Lumberman’s Mut. Cas. Co. of Illinois, 247 App. Div. 613; Kearns Coal Corp. v. United States Fidelity & Guar.…
1Opinion of the CourtConway, J.
In September of 1944, one Anthony De Lillo of Yonkers, N. Y., obtained from the defendant an automobile liability policy insuring each of his three automobile trucks for $50,000 liability for bodily injury to “ each person ” and $100,000 liability for “ each accident ” and $5,000 property damage for each accident. Thereafter an accident occurred and the defendant has disclaimed liability upon the ground that an indorsement attached to the policy excluded the peril through which plaintiff suffered the loss of his leg. The plaintiff recovered judgment against De Lillo, following a jury verdict,…
2Cases cited6 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Burr v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1946
- Thompson-Starrett Co. v. American Mutual Liability InsuranceNew York Court of Appeals · 1937
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3Cited by57 opinions
- County of Columbia v. Continental InsuranceNew York Court of Appeals · 1994
- Sincoff v. Liberty Mutual Fire InsuranceNew York Court of Appeals · 1962
- American Home Assurance Co. v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 1979
- American Employers Insurance v. Goble Aircraft Specialties, Inc.New York Supreme Court · 1954
- Home Insurance v. AurigemmaNew York Supreme Court · 1965
52 more not listed; retrieve them via the Exa API.