Benjamin v. Palatine Insurance Co., Ltd., of London
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Suffolk county. Action by Hannah F. Benjamin and Hannah Amelia Terry against the Palatine Insurance Company, Limited, of London, England, and John M. Diven. From a judgment in favor of plaintiffs and of defendant Diveñ, entered on a verdict directed by the court, the insurance company appeals. Affirmed.
1Opinion of the CourtWillard Bartlett, J.
This is an action to recover the amount due on a policy of fire insurance covering property in Florida, and belonging to the plaintiffs. The policy contained a provision declaring that, unless it was otherwise provided by agreement indorsed thereon or added thereto, it should be void “if, with the knowledge of the insured, foreclosure proceedings be commenced, or notice given of sale of any property covered by this policy by virtue of any mortgage or trust deed.” It appeared that proceedings to foreclose a mortgage upon the property had been begun on April 20, 1900, more than a year before…
2Cases cited4 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- Chamberlain v. Insurance Co. of North AmericaNew York Supreme Court · 1889
3Cited by5 opinions
- Eagle Fire Co. v. LewallenSupreme Court of Florida · 1908
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
- Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
- Allen v. Phoenix Assurance Co.Idaho Supreme Court · 1908
- Benjamin v. Ameican Fire Insurance Co. of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1903