Zimmerman v. Massachusetts Bonding & Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anne Zimmerman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 4th day of October, 1921, upon an order of the Supreme Court made at the New York Special Term on the 29th day of September, 1921, granting defendant’s motion for judgment on the pleadings, consisting of a complaint and answer, and also from said order on which said judgment was entered. ,
1Opinion of the Court
Smith, J.:
The action is brought upon two policies of burglary insurance identical in form, but of different amounts and dates. Both policies cover the time in question, when it is claimed that the loss occurred. Unless the policies have been canceled or have become ineffective by the death of Mark Samuels, who was named in the policies as the person insured, the policies were still in force at the time of the burglary.
It is not necessary here to determine whether the death of Mark Samuels canceled the policies. Authorities in other States hold to the contrary. (Hardesty v. Forest City Ins.…
2Cases cited5 opinions
- Forest City Insurance v. HardestyIllinois Supreme Court · 1899
- Pfister v. GerwigIndiana Supreme Court · 1890
- Westchester Fire Insurance v. DodgeMichigan Supreme Court · 1880
- Matter of Hine v. . WoolworthNew York Court of Appeals · 1883
- Hardesty v. Forest City InsuranceAppellate Court of Illinois · 1898
3Cited by1 opinion
- Gold v. Commercial Casualty InsuranceSuperior Court of Pennsylvania · 1936