Reports of Cases
Reports of Cases
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The learned justice sitting at Special Term was of the opinion that the policy having been retained by the plaintiff remained in full force at ttie time of the fire, notwithstanding the request made prior thereto to cancel, and this was the view entertained by the Appellate Division.
I have been unable to reach such conclusion. To do so necessitates, as it seems to me, not only an utter dis- Digitized by Google Gately-Haire Co. v. Niagara Fire Ins. Co. 1 75 1917.] Opinion, per McLaughlin, J. [2...21 N. Y.] regard of the terms of the policy, but also, in effect, a repeal of the statute relating to cancellation. This pro- vision of the policy is: "This policy shall be cancelled at any time at the request of the insured; or by the com- pany by givmg five days' notice of such cancellation. If this policy shall be cancelled as hereinbefore provided, or become void or cease, the premium having been actually paid, the imeamed portion shall be returned on surrender of this policy or Lost renewal, this company retaining the customary short rate; except when this policy is cancelled by this company by giving notice it shall retain only the pro rata premium." And the statute (Laws of 1892, chap.
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You can find similar books in the "Read Also" column, or choose other free books by New York (State). Court of Appeals to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The learned justice sitting at Special Term was of the opinion that the policy having been retained by the plaintiff remained in full force at ttie time of the fire, notwithstanding the request made prior thereto to cancel, and this was the view entertained by the Appellate Division.
I have been unable to reach such conclusion. To do so necessitates, as it seems to me, not only an utter dis- Digitized by Google Gately-Haire Co. v. Niagara Fire Ins. Co. 1 75 1917.] Opinion, per McLaughlin, J. [2...21 N. Y.] regard of the terms of the policy, but also, in effect, a repeal of the statute relating to cancellation. This pro- vision of the policy is: "This policy shall be cancelled at any time at the request of the insured; or by the com- pany by givmg five days' notice of such cancellation. If this policy shall be cancelled as hereinbefore provided, or become void or cease, the premium having been actually paid, the imeamed portion shall be returned on surrender of this policy or Lost renewal, this company retaining the customary short rate; except when this policy is cancelled by this company by giving notice it shall retain only the pro rata premium." And the statute (Laws of 1892, chap.
What to read after Reports of Cases?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Court of Appeals to read onlineMoreLess
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