Matthews v. American Central Insurance
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The American Central Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the court after a trial at 'a Trial Term of the Supreme Court, held in and for the county of " Steuben on the 6th day of January, 1896. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail for three years…
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Motion by the defendant, The American Central Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury, rendered by direction of the court after a trial at 'a Trial Term of the Supreme Court, held in and for the county of " Steuben on the 6th day of January, 1896. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail for three years against damage by fire, to an amount not exceeding $1,050, on the following property: $400 on her frame dwelling house;…
1Opinion of the Court
Follett, J. :
This action . is .defended on three grounds : (1) That it- was not begun within twelve months next after the fire; (2) that written notice of" the loss' was not immediately given; (3) that á verified statement of the loss was not furnished within sixty days after the fire.
The following are the provisions of the policy under which these defenses arise': .
“ If fire occur the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith" separate the damaged and undamaged . personal property, put it in the…
2Cases cited3 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
3Cited by3 opinions
- Watertown National Bank of Watertown v. BagleyAppellate Division of the Supreme Court of the State of New York · 1909
- People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Estate of KaneNew York Surrogate's Court · 1902