Legal Opinion

Gervant v. New England Fire Insurance

New York Court of Appeals

Decided March 11, 1954PublishedCited by 45 opinions

1Opinion of the CourtConway, J.

Plaintiff was the owner of premises at 231 Ellery Street in Brooklyn, New York, which were insured by the defendant against loss or damage by fire for an amount not exceeding $6,000. On January 18, 1951, while the policy was in full force and effect, the premises were partially destroyed by fire.

Plaintiff and defendant were unable to agree as to the actual cash value of the property at the time of the loss or the amount of the loss and, pursuant to the provisions for an appraisal contained in the policy, plaintiff and defendant each designated one appraiser. Thereafter, a third individual was…

2Cases cited9 opinions

  1. McAnarney v. Newark Fire InsuranceNew York Court of Appeals · 1928
  2. Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
  3. Halstead v. . SeamanNew York Court of Appeals · 1880
  4. Ætna Ins. v. HefferlinCourt of Appeals for the Ninth Circuit · 1919
  5. Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901

4 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Matter of Delmar Box Co.(ætna Ins. Co.)New York Court of Appeals · 1955
  2. Elberon Bathing Co., Inc. v. Ambassador Insurance Co., Inc.Supreme Court of New Jersey · 1978
  3. Professional Staff Congress/City University of New York v. Board of Higher EducationNew York Court of Appeals · 1976
  4. In re the Arbitration between Penn Central Corp. & Consolidated Rail Corp.New York Court of Appeals · 1982
  5. Great Northern Insurance v. Dayco Corp.District Court, S.D. New York · 1986

40 more not listed; retrieve them via the Exa API.

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