Legal Opinion

Genesee Falls Permanent Savings & Loan Ass'n v. United States Fire Insurance

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 1897PublishedCited by 11 opinions

Action by the Genesee Falls Permanent Savings & Loan Association against the United States Fire Insurance Company on a fire insurance policy. Plaintiff was nonsuited, and moves for a new trial on exceptions ordered to be heard by the appellate division in the first instance. Denied.

1Opinion of the CourtAdams, J.

This action was brought by the plaintiff to recover upon a policy of insurance issued by the defendant to one Albert Maciejewski. The policy conformed to the standard adopted in this state, and contained the usual condition “that the entire policy shall be void " * " if the interest of the insured in the property be not truly stated therein.” It also contained the further provision that the entire policy, unless otherwise provided by agreement indorsed thereon, and added thereto, shall be void “if the interest of the insured be other than unconditional and sole ownership, or if the subject of…

2Cases cited4 opinions

  1. Hastings v. . Westchester Fire Ins. Co.New York Court of Appeals · 1878
  2. Eddy v. London Assurance Corp.New York Court of Appeals · 1894
  3. Graham v. . Fireman's Insurance CompanyNew York Court of Appeals · 1881
  4. Cole v. . Germania Fire Ins. Co.New York Court of Appeals · 1885

3Cited by11 opinions

  1. Bacot v. Phoenix Insurance Co. of BrooklynMississippi Supreme Court · 1909
  2. B. L. Asso. v. Fire Ins. Co.West Virginia Supreme Court · 1928
  3. Citizens State Bank of Dickinson, Tex. v. American Fire & Casualty CoCourt of Appeals for the Fifth Circuit · 1952
  4. Fulbright v. Phoenix InsuranceSupreme Court of Missouri · 1931
  5. Fayetteville Building & Loan Ass'n v. Mutual Fire InsuranceWest Virginia Supreme Court · 1928

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