Heilbrunn v. German Alliance Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Simon Heilbrunn, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the - 16th day of May, 1910, sustaining the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Scott, J.:
The action is upon a policy of fire insurance issued by defendant to one Cecelia M. Siff to cover loss by fire to a specified building. The plaintiff’s assignor held a mortgage upon the insured building and there was attached to the policy a mortgagee clause which as the' demurrer admits provided that the loss or damage, if any, to the premises insured should be payable to Henry Gerken, mortgagee, as interest might appear, and further provided that the insurance as to the interest of the said mortgagee therein should not be invalidated by any act or neglect of the mortgagor or owner…
2Cases cited13 opinions
- Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
- Hicks v. British America Assurance Co.New York Court of Appeals · 1900
- Glens Falls Insurance v. PorterSupreme Court of Florida · 1902
- Union Institution for Savings v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1907
- Queen Insurance v. Dearborn Savings, Loan & Building Ass'nIllinois Supreme Court · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
- Savarese v. Ohio Farmers Insurance Co. of LeroyNew York Court of Appeals · 1932
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Heilbrunn v. . German Alliance Insurance Co. of New YorkNew York Court of Appeals · 1911
20 more not listed; retrieve them via the Exa API.