Solomon v. . Continental Fire Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1898, upon an order affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinions. Immediate notice of loss to the company by the assured was a condition precedent to a recovery under the policy. (Quinlan v. P. W. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1898, upon an order affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinions. Immediate notice of loss to the company by the assured was a condition precedent to a recovery under the policy. (Quinlan v. P. W. Ins. Co., 133 N. Y. 356; Weed v. H. B. F. Ins. Co., 133 N. Y. 394; Brown v. L. A. Co., 40 Hun, 101; Sherwood v. A. Ins. Co., 10 Hun, 593; Inman v. W. F.…
1Opinion of the CourtMartin, J.
This action was to recover upon a fire insurance policy issued by the defendant to the plaintiff’s assignors, and with its consent transferred to the plaintiff.
The defense was based upon the single ground that the plaintiff omitted to give the notice of loss required by its policy. It was a New York standard policy, and contains the following provisions: “ If fire occur the insured shall give immediate notice of any loss thereby in writing to this company. * *. * No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after…
2Cases cited12 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Griffey v. New York Central InsuranceNew York Court of Appeals · 1885
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Fayerweather v. RitchSupreme Court of the United States · 1904
- Rushing v. Commercial Casualty InsuranceNew York Court of Appeals · 1929
- Lauritano v. American Fidelity Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1957
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
- Curran v. National Life Insurance Co. of the United StatesSupreme Court of Pennsylvania · 1916
40 more not listed; retrieve them via the Exa API.