ROSS v. INSURANCE CO. OF NORTH AMERICA

No. 72, Docket 22133.

193 F.2d 428 (1952)

ROSS v. INSURANCE CO. OF NORTH AMERICA.

United States Court of Appeals, Second Circuit.

Decided January 4, 1952.


Attorney(s) appearing for the Case

Powers, Kaplan & Berger, New York City, Moses Finesilver, New York City (Irwin Leibowitz, New York City, of counsel), for defendant-appellant.

Joseph L. Greenberg, New York City, for plaintiff-appellee.

Before SWAN, Chief Judge, and FRANK, Circuit Judge and COXE, District Judge.


FRANK, Circuit Judge.

Defendant argues that the recovery is barred by the non-disclosures (1) that the insured had earlier been convicted and (2) that she was about to be tried for prostitution. We think not. According to Stecker v. American Home Fire Assur. Co., 299 N.Y. 1, 84 N.E.2d 797, this kind of policy, although called an "inland marine policy," is governed by the ordinary insurance rule concerning disclosure of matters material to the risk. Under this rule...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases