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Beaudry v. Massachusetts Bonding and Insurance Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1940
260 App. Div. 871 (N.Y. App. Div. 1940)

Opinion

October 15, 1940.


In an action brought pursuant to former section 109 Ins. of the Insurance Law, as that section read prior to January 1, 1940, to recover property damages sustained as the result of blasting operations carried on by the defendant's assured, judgment for defendant unanimously affirmed, with costs. The proof was sufficient to justify the findings of the learned trial court that the insured had breached the terms and conditions of the policy by failing to give notice of the accident and by lack of co-operation thereafter and up to the time of the repudiation of the policy by the defendant in June, 1934. This repudiation occurred in connection with a totally independent action. The defendant in its letter of repudiation did not waive, either expressly or impliedly, the defenses available to it in the present action. Nor may the doctrine of estoppel be invoked by the plaintiffs, since they were not prejudiced. Lazansky, P.J., Hagarty, Johnston, Adel and Close, JJ., concur.

Now Insurance Law, §§ 143, 167. — [REP.


Summaries of

Beaudry v. Massachusetts Bonding and Insurance Co.

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1940
260 App. Div. 871 (N.Y. App. Div. 1940)
Case details for

Beaudry v. Massachusetts Bonding and Insurance Co.

Case Details

Full title:JOSEPH A. BEAUDRY, ROBERT F. DEGAN, ALICE FLOY, SOPHIE FRANKEL, ELLA LEE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 15, 1940

Citations

260 App. Div. 871 (N.Y. App. Div. 1940)

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