87 N.Y.S. 974 | N.Y. App. Div. | 1904
On the 28th day of November, 1902, the defendant issued its policy whereby in consideration of the sum of $36.50 premium, paid by the plaintiff, the defendant agreed to indemnify the plaintiff to an amount not exceeding $6,000 for the term of twelve months from the 2d day of December, 1902, at noon, to the 2d day of December, 1903, at noon, against direct loss by burglary, larceny or theft, on any of the property described in the schedule, which was a part of the policy, occasioned by its felonious abstraction from the house, building, apartments or rooms actually occupied by the assured and described in the said schedule, caused
It was also stated in the submission that on or about the 6th day of February, 1903, and during the time when the said policy was in force, “ a certain jeweled scarf pin, the property of the plaintiff, worth the sum of about Five thousand (5,000) dollars, was taken by burglary, larceny or theft from the house” specified in the policy No. 14 East Sixty-second street, New York city; that the defendant company admits its liability to the plaintiff under said policy of assurance in the sum of $250 by reason of the facts stated, but the defendant alleges that it is under no further liability whatsoever: that the plaintiff claims that the defendant company is liable to him under said policy of assurance, by reason of the facts stated, in the sum of $1,000, no payt of which has been paid, although demand therefor has been duly made. The plaintiff, therefore, demands judgment against the defendant in the sum of $1,000, with interest from February 6, 1903, with costs.
The question thus presented is whether the defendant is liable upon this policy for $250 or $1,000 on account of the loss by the plaintiff of a jeweled scarf pin worth about the sum of $5,000. The defendant had agreed to insure the plaintiff against direct loss by burglary, larceny or theft to the amount of $6,000 on various articles, including jewelry and precious stones. .Then, to limit its liability, it was provided that “ The liability of the Corporation to the Assured for the loss on Jewelry and Precious Stones, shall not exceed, under policies of this Corporation, separately or together,
It follows that the plaintiff is entitled to judgment for $250 and interest from February 6, 1903, with costs.
Van Brunt, P. J., O’Brien, McLaughlin and Hatch, JJ., concurred.
Judgment ordered in favor of plaintiff, as directed in opinion, with costs.