Matthews v. . American Central Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 30, 1896, sustaining exceptions ordered to be heard by that court in the first instance and dismissing the complaint upon the merits.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 30, 1896, sustaining exceptions ordered to be heard by that court in the first instance and dismissing the complaint upon the merits. On the first of August, 1889, the defendant issued its policy •of insurance of the standard form to Mrs. Caroline Silvernail whereby it insured her dwelling house, barn and the produce therein against loss or damage by fire to an amount not exceeding §1,050 for the term of three years from that day. On the second of December, 1891, Mrs.…
1Opinion of the CourtVann, J.
The policy in question provided that if a fire should occur “ the insured ” should “ give immediate notice of any loss thereby in writing to ” the company, and “ within sixty days after the fire” should furnish proofs of loss “ signed and sworn to by said insured.” It further provided that the loss should not become payable until sixty days after the receipt by the company of the proofs of loss, and that “ 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 full compliance by the insured with all the foregoing…
2Cases cited20 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Dexter v. . NortonNew York Court of Appeals · 1871
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
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3Cited by63 opinions
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- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Greenwich Bank v. Hartford Fire Insurance Co. of HartfordNew York Court of Appeals · 1928
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