Gorsch v. Northern Assurance Co. of London

Appellate Terms of the Supreme Court of New York

Gorsch v. Northern Assurance Co. of London

131 N.Y.S. 670

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 10, 1911

StatusPublished

This text of 131 N.Y.S. 670 (Gorsch v. Northern Assurance Co. of London) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gorsch v. Northern Assurance Co. of London, 131 N.Y.S. 670 (N.Y. Ct. App. 1911).

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Opinion

SBABURY, J.

We are satisfied that the evidence in this case justified the finding of the jury that the fact that the plaintiff had parted with the interest, title, and possession of the property insured before the policy in suit was delivered to him was known to the defendant at that time. This feature of the case distinguishes it from Gorsch v. Niagara Fire Insurance Company, 68 Misc. Rep. 344, 123 N. Y. Supp. 877. The jury having found upon sufficient evidence that the defendant had knowledge of this circumstance, it follows that in delivering the policy to the plaintiff the defendant waived the condition and estopped itself from setting up a defense based upon it. Forward v. Continental Insurance Company, 142 N. Y. 382, 37 N. E. 615, 25 L. R. A. 637.

Order affirmed, with costs. All concur.

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SBABURY, J.

We are satisfied that the evidence in this case justified the finding of the jury that the fact that the plaintiff had parted with the interest, title, and possession of the property insured before the policy in suit was delivered to him was known to the defendant at that time. This feature of the case distinguishes it from Gorsch v. Niagara Fire Insurance Company, 68 Misc. Rep. 344, 123 N. Y. Supp. 877. The jury having found upon sufficient evidence that the defendant had knowledge of this circumstance, it follows that in delivering the policy to the plaintiff the defendant waived the condition and estopped itself from setting up a defense based upon it. Forward v. Continental Insurance Company, 142 N. Y. 382, 37 N. E. 615, 25 L. R. A. 637.

Order affirmed, with costs. All concur.

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Bluebook (online)

131 N.Y.S. 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorsch-v-northern-assurance-co-of-london-nyappterm-1911.

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