Lappin v. Charter Oak Fire & Marine Insurance
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, as administrator of Isaac Shephard, deceased, upon a policy of insurance against fire, issued by the defendant to the intestate, in his lifetime.
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APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff, as administrator of Isaac Shephard, deceased, upon a policy of insurance against fire, issued by the defendant to the intestate, in his lifetime. The referee found and reported the following facts : 1st. That Isaac Shephard, in his life, was the owner in fee and in possession of lot Ho. 31 in block Ho. 11, West Oswego, upon which the buildings hereinafter mentioned were situated. 2d. The defendant, on the 7th day of December, 1867, issued its policy of insurance to the said Isaac Shephard,…
1Opinion of the Court
By the Court, Johnson, J.
The action is properly-brought in the name of the plaintiff as administrator, if a right of- action accrued to any one, by reason of the destruction of the property, upon the contract of insurance. The agreement on the part of the defendant was, in terms, “ to make good unto the said assured, his executors, administrators and assigns, all such immediate loss or damage not exceeding in amount the sum insured, as shall happen by fire to the property as above specified, from the 7th day of December, 1867, at noon, to the 7th day of December, 1868, at noon.” The plaintiff…
2Cases cited2 opinions
- Wyman v. . WymanNew York Court of Appeals · 1863
- Phelps v. Gebhard Fire InsuranceThe Superior Court of New York City · 1862
3Cited by17 opinions
- Forest City Insurance v. HardestyIllinois Supreme Court · 1899
- Pfister v. GerwigIndiana Supreme Court · 1890
- Sherwood v. Agricultural Insurance of WatertownNew York Court of Appeals · 1878
- Matter of Hine v. . WoolworthNew York Court of Appeals · 1883
- Martin v. State InsuranceSupreme Court of New Jersey · 1882
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