Rosenfield v. Ætna Accident & Liability Co.

Appellate Division of the Supreme Court of New York

Rosenfield v. Ætna Accident & Liability Co.

171 A.D. 891, 155 N.Y.S. 1138

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

DecidedOctober 15, 1915

StatusPublished

This text of 171 A.D. 891 (Rosenfield v. Ætna Accident & Liability 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

Rosenfield v. Ætna Accident & Liability Co., 171 A.D. 891, 155 N.Y.S. 1138 (N.Y. Ct. App. 1915).

Pincite

Opinion

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, property on which actual loss could not be accurately determined from plaintiff’s books and accounts is excepted from the policy and not insured. Defendant’s examination of plaintiff as authorized by the policy, after the loss, even if defendant then knew that little if any of the loss could be shown by any of plaintiff’s books or accounts, was not a waiver of the condition against liability for loss not so proved. (Draper v. Oswego County Fire Relief Assn., 190 N. Y. 12.) It was error to submit to the jury the question as to whether defendant had waived such condition of the policy. All concurred.

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Judgment reversed and new trial granted, with costs to appellant to abide event. Held, property on which actual loss could not be accurately determined from plaintiff’s books and accounts is excepted from the policy and not insured. Defendant’s examination of plaintiff as authorized by the policy, after the loss, even if defendant then knew that little if any of the loss could be shown by any of plaintiff’s books or accounts, was not a waiver of the condition against liability for loss not so proved. (Draper v. Oswego County Fire Relief Assn., 190 N. Y. 12.) It was error to submit to the jury the question as to whether defendant had waived such condition of the policy. All concurred.

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Bluebook (online)

171 A.D. 891, 155 N.Y.S. 1138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenfield-v-tna-accident-liability-co-nyappdiv-1915.

Opinion

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