Hansen v. Continental Insurance

Appellate Division of the Supreme Court of New York

Hansen v. Continental Insurance

237 A.D. 905

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

DecidedJanuary 15, 1933

StatusPublished

This text of 237 A.D. 905 (Hansen v. Continental Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hansen v. Continental Insurance, 237 A.D. 905 (N.Y. Ct. App. 1933).

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Opinion

— Resettled order denying defendant’s motion to dismiss the complaint affirmed, with ten dollars costs and disbursements, with leave to defendant to serve an answer within ten days from the entry of the order herein. Under section 162 of the Insurance Law, authorizing the formation of “ mutual marine insurance corporations ” for the purpose of insuring “ Against liability for loss or damage resulting from personal injury to any person,” it is our opinion that the defendant company’s policy is covered or controlled by section 109 of the Insurance Law; and we approve the views expressed by the learned Special Term justice. Lazansky, P. J., Kapper and Hagarty, JJ., concur; Scudder and Davis, JJ., dissent and vote to reverse on the ground that marine insurance policies under sections 150 and 162 of the Insurance Law are not included within the provisions of section 109.

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— Resettled order denying defendant’s motion to dismiss the complaint affirmed, with ten dollars costs and disbursements, with leave to defendant to serve an answer within ten days from the entry of the order herein. Under section 162 of the Insurance Law, authorizing the formation of “ mutual marine insurance corporations ” for the purpose of insuring “ Against liability for loss or damage resulting from personal injury to any person,” it is our opinion that the defendant company’s policy is covered or controlled by section 109 of the Insurance Law; and we approve the views expressed by the learned Special Term justice. Lazansky, P. J., Kapper and Hagarty, JJ., concur; Scudder and Davis, JJ., dissent and vote to reverse on the ground that marine insurance policies under sections 150 and 162 of the Insurance Law are not included within the provisions of section 109.

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237 A.D. 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-continental-insurance-nyappdiv-1933.