Quinlan v. Providence Washington Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 7, 1891, which affirmed a judgment in favor of defendant entered upon an order nonsuiting plaintiff on trial at Circuit. This action was upon a policy of fire insurance on a dwelling-house at Cape Vincent, Jefferson county.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 7, 1891, which affirmed a judgment in favor of defendant entered upon an order nonsuiting plaintiff on trial at Circuit. This action was upon a policy of fire insurance on a dwelling-house at Cape Vincent, Jefferson county. The policy was issued by one Kelsey, an agent of the defendant, having power to countersign and issue policies furnished in blank by the company, within the territory covered by his agency. It was a standard policy in the form, and containing the…
1Opinion of the CourtAndrews, J.
If the rights of the parties depend upon the contract of insurance as expressed in the policy, there can be no hesitation in affirming the judgment of nonsuit.
The provision as to the commencement of foreclosure proceedings ; the requirement that the insured, in case of loss, shall give immediate notice in writing to the company, and the other requirement that within sixty days after a fire he shall render to the company a sworn statement of the particulars specified, are conditions precedent to a right to recover on the policy, and each of the three conditions mentioned was violated.…
2Cases cited4 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Marvin v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Inman v. Western Fire InsuranceNew York Supreme Court · 1834
- Blossom v. . Lycoming Fire Ins. Co.New York Court of Appeals · 1876
3Cited by126 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Deso v. London & Lancashire Indemnity Co. of AmericaNew York Court of Appeals · 1957
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
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