Cummins v. . Agricultural Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment on an order nonsuiting plaintiff on trial. (Mem. of decision below, 5 Hun, 554.) TMs action was upon a policy of insurance issued by defendant, insuring, among other things, plaintiff’s dwelling-house.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order denying motion for a new trial, and directing judgment on an order nonsuiting plaintiff on trial. (Mem. of decision below, 5 Hun, 554.) TMs action was upon a policy of insurance issued by defendant, insuring, among other things, plaintiff’s dwelling-house. The policy contained this provision: “ If the dwelling-house or houses hereby insured become vacated by the removal of the owner or occupant, or be unoccupied at the time of effecting the insurance,…
1Opinion of the CourtRapallo, J.
At the General Term this case was decided mainly upon the authority of the case of Paine v. The Same Defendant (5 N. Y. Sup. Ct. [T. & C.], 619). The policy in that case contained a provision that should the house insured be left wnoccupied without giving immediate notice to the company the policy should be void. The occupants, being husband and wife, separated and left the house uninhabited for several weeks, though their household effects were left upon the premises and the husband occasionally went there. The Supreme Court held that the house was left unoccupied within the meaning of the…
2Cases cited1 opinion
- Wustum v. City Fire InsuranceWisconsin Supreme Court · 1862
3Cited by29 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Wachtel v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- Shackelton v. Sun Fire OfficeMichigan Supreme Court · 1884
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