90 N.Y. 280 | NY | 1882
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This is not an action based upon a policy of insurance issued by the defendant to the plaintiff, but it is an action upon a parol contract to issue a valid policy of insurance, and the relief sought is a judgment requiring the defendant to issue to the plaintiff such a policy and then to pay the amount insured thereby. That an insurance company like the defendant can by parol bind itself to issue a valid policy is abundantly established by the authorities. (Commercial Mutual Marine Ins.Co. v. Union Mut. Ins. Co., 19 How. [U.S.] 318; The Trusteesof the First Baptist Church v. The Brooklyn Fire Ins. Co.,
We do not deem it important, at this time, to say more, except simply to express our concurrence in the very satisfactory opinion pronounced at the General Term.
The order of the General Term should be affirmed and judgment absolute given for the plaintiff, with costs.
All concur, except RAPALLO and TRACY, JJ., absent.
Order affirmed, and judgment accordingly.