Appellate Division of the Supreme Court of New York, 1939

Remus v. Protective Indemnity Co.

Remus v. Protective Indemnity Co.
Appellate Division of the Supreme Court of New York · Decided June 28, 1939
257 A.D. 1033; 13 N.Y.S.2d 800; 1939 N.Y. App. Div. LEXIS 8970
Remus v. Protective Indemnity Co.

Opinion of the Court

Judgment affirmed, with costs. Certain findings of fact modified and new finding *1034made. Memorandum: The court has found on sufficient evidence that the policy-on the date it became effective was not written in accordance with the instructions previously given on behalf of the insured to the defendant’s agent and that the insured previous to the plaintiff’s accident had no knowledge of the discrepancy and that before the accident the defendant had in no way waived the right to have the mistake corrected by reformation of the policy. The findings in the decision as now modified are in our opinion sustained by the evidence and the conclusions of law find full support in the facts found. All concur. (The judgment is for plaintiffs in an action by judgment creditors under a liability insurance policy.) Present — Sears, P. J., Lewis, Cunningham, Taylor and Dowling, JJ. [170 Misc. 295.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.