Schuster v. . Dutchess County Ins. Co.
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made Hay 6, 1884, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was upon a policy of fire insurance issued by the defendants, which for a premium of • $29 insured the plaintiffs, “ $700 on their dwelling-house, $500 on their household furniture and wearing apparel therein.”
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Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made Hay 6, 1884, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. This action was upon a policy of fire insurance issued by the defendants, which for a premium of • $29 insured the plaintiffs, “ $700 on their dwelling-house, $500 on their household furniture and wearing apparel therein.” In and by the policy of insurance it was provided that all applications for insurance should be in writing according to the printed forms prepared by the company;…
1Opinion of the CourtMiller, J.
In the case of Merrill v. The Agricultural Ins. Co. (73 N. Y. 452), this court held that where, by a policy upon several separate and distinct classes or species of property, each of which is separately valued, the sum total of the valuation is insured on payment of a premium in gross, the contract is severable, and a breach of a condition avoiding the policy as to one of the items does not affect it as to the others; at least where there is nothing in the terms, in the nature of the contract, or of the different subjects of the insurance, or in the surrounding circumstances, from which it…
2Cases cited1 opinion
- Merrill v. . Agricultural Ins. Co.New York Court of Appeals · 1878
3Cited by18 opinions
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Donley v. . Glens Falls Ins. Co.New York Court of Appeals · 1906
- Trabue v. Dwelling House InsuranceSupreme Court of Missouri · 1894
- Manchester Fire Assurance Co. v. FeibelmanSupreme Court of Alabama · 1897
- First Savings and Loan Ass'n v. American Home Assurance Co.New York Court of Appeals · 1971
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