Levi v. Palatine Ins. Co.
Citation | 75 N.H. 551,78 A. 617 |
Parties | LEVI v. PALATINE INS. CO. |
Decision Date | 06 December 1910 |
Court | Supreme Court of New Hampshire |
Exceptions from Superior Court, Rockingham County, Pike, Judge.
Action by Kate Levi against the Palatine Insurance Company. Verdict for plaintiff, and defendants except. Exceptions overruled.
Assumpsit, upon a fire insurance policy for $400 upon the plaintiff's stock in trade, consisting of dress goods and shoes, which was damaged by smoke and water on September 6, 1909. Trial by jury, and verdict for the plaintiff. The defendants moved for a nonsuit on the grounds that the plaintiff failed to show a compliance with the terms of the policy with respect to proof of loss and conditioning; that there was no evidence that the plaintiff made any effort to "condition" the goods, "to get them back into as good condition as she could"; and that the plaintiff sold or disposed of a material part of the goods claimed to be damaged before the expiration of the time within which the defendants had a right to ask for an appraisal. The motion was denied, and the defendants excepted.
There was evidence that shortly after the fire the plaintiff gave the defendants' local agent a written list of the goods damaged, and that they were promptly informed of the loss. September 11th, their agent for the purpose examined the damaged goods and fixed the loss at a sum less than the plaintiff would accept, and upon her refusal, the defendants' adjuster told her that if she declined to accept the offer, she would be obliged to sue the company.
The provisions of the policy relied on are as follows: ...
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Shields v. Vt. Mut. Fire Ins. Co.
...the lightning clause of the policy, and the claim of the defense was that the building was demolished by wind); Levi v. Palatine Ins. Co., 75 N. H. 551, 78 A. 617, 618; Flynn v. Orient Ins. Co., 77 N. H. 431, 92 A. 737, 738; Oakes v. Ins. Co., 112 Me. 52, 90 A. 707, 708 (a statutory arbitra......
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Shields v. Vermont Mut. Fire Ins. Co.
... ... the lightning clause of the policy, and the claim of the ... defense was that the building was demolished by wind); ... Levi v. Palatine Ins. Co. , 75 N.H. 551, 78 ... A. 617, 618; Flynn v. Orient Ins. Co. , 77 ... N.H. 431, 92 A. 737, 738; Oakes v. Ins ... Co ... ...
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...43 N. H. 621, 623, 80 Am. Dec. 197; Lyman v. Littleton, 50 N. H. 42; Tasker v. Kenton Ins. Co., 58 N. H. 469, 470; Levi v. Insurance Co., 75 N. H. 551, 552, 78 Atl. 617; Flynn v. Orient Insurance Co., 77 N. H. 431, 92 Atl. 737; Kelsea v. Insurance Co., Does the evidence support the finding ......
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Maravas v. Am. Equitable Assur. Corp. of N.Y.
...care for it after the fires. If this fact were established, the plaintiff could not recover for the damage thus caused. Levi v. Insurance Company, 75 N. H. 551, 78 A. 617. But the question of plaintiff's conduct was not submitted to the jury, and has never been determined. Consequently, the......