Rohan v. Hartford Accident & Indemnity Co.

Appellate Division of the Supreme Court of New York

Rohan v. Hartford Accident & Indemnity Co.

242 A.D. 666

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

DecidedJune 15, 1934

StatusPublished

This text of 242 A.D. 666 (Rohan v. Hartford Accident & Indemnity Co.) 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

Rohan v. Hartford Accident & Indemnity Co., 242 A.D. 666 (N.Y. Ct. App. 1934).

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Opinion

Judgment [667]*667reversed on the law, with costs, and complaint dismissed on the merits, with costs. In our opinion there was no waiver by the defendant of the provisions of the policy of insurance and of the breach thereof by the assured. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Carswell, Seudder and Davis, JJ., concur; Young and Hagarty, JJ., dissent and vote to affirm on the ground that under no circumstances was the defendant liable to the assured, but as it defended the action the company, therefore, waived its exemption from liability. Settle order on notice.

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Judgment [667]*667reversed on the law, with costs, and complaint dismissed on the merits, with costs. In our opinion there was no waiver by the defendant of the provisions of the policy of insurance and of the breach thereof by the assured. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Carswell, Seudder and Davis, JJ., concur; Young and Hagarty, JJ., dissent and vote to affirm on the ground that under no circumstances was the defendant liable to the assured, but as it defended the action the company, therefore, waived its exemption from liability. Settle order on notice.

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Bluebook (online)

242 A.D. 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rohan-v-hartford-accident-indemnity-co-nyappdiv-1934.