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SCHOENHERR v. CONT'L INS. CO.

282 A.D. 817 (1953)

Arthur C. Schoenherr et al., Respondents, v. Continental Insurance Company et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 2, 1953.

The plaintiffs had held a policy of fire insurance in the amount of $3,000 issued by the defendant Mutual Insurance Association of Nassau, Schodack and Chatham, covering certain real property owned by them. In August, 1947, the plaintiffs secured a larger mortgage and, on September 5, 1947, they requested the agent of the defendants Continental Insurance Company and Fidelity and Guaranty Insurance Corporation to issue new insurance in the amount of $5,000. The agent accordingly...

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