Hewit Pharmacies, Inc. v. Ætna Life Insurance
New York Supreme Court
1Opinion of the CourtMcNaught, J.
The question which is decisive of the issue between the parties is whether the policy issued by defendant covered the transaction as a result of which the death of Anna Y. Lynn occurred. The defendant had issued a druggists’ liability policy. It was a contract between the parties. Each must be governed by its terms. The rights of the parties must be determined by the provisions of the contract which the defendant issued and the plaintiff accepted. It is not a question of what the plaintiff assumed, or what the plaintiff believed was covered in connection with the conduct of its business.
It is…
2Cases cited12 opinions
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
- Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
- Rosenthal v. American Bonding Co. of BaltimoreNew York Court of Appeals · 1912
- Witherstine v. Employers' Liability Assurance Corp.New York Court of Appeals · 1923
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3Cited by1 opinion
- Oakland Stadium v. Underwriters at Lloyd's, LondonCalifornia Court of Appeal · 1957