Matthews v. American Central Insurance
Appellate Division of the Supreme Court of the State of New York
Action by William. Matthews, as executor of the last will and testament of Caroline Silvernail, deceased, against the American Central Insurance Company on a fire insurance policy. A verdict was directed in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard in the appellate division in the first instance. Granted.
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Action by William. Matthews, as executor of the last will and testament of Caroline Silvernail, deceased, against the American Central Insurance Company on a fire insurance policy. A verdict was directed in favor of plaintiff, and defendant moves for a new trial on exceptions ordered to be heard in the appellate division in the first instance. Granted. August 1, 1889, the defendant, by a New York standard policy, insured Caroline Silvernail, for three years, against damage by fire, to an amount not exceeding $1,050, on the following property : $400 on her frame dwelling-house ; $450 on her…
1ConcurrenceGreen, J.
The insured died December 2, 1891. The fire occurred April 20, 1892. The Avill Avas contested and Avas admitted to probate in May, 1894, and letters testamentary Avere thereupon issued to the plaintiff. Proofs of loss Avere sent to the company before the expiration of 60 days from issuing of letters, but were not returned, and no attention was paid to the matter. (N ot stated that even any notice of loss Avas ever sent.) Action Avas brought October 29, 1894. The policy provides that no action shall be sustainable “ until full compliance by the insured Avith all the foregoing requirements, nor…
2Cases cited28 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Herkimer v. . RiceNew York Court of Appeals · 1863
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