Heilbrunn v. . German Alliance Insurance Co. of New York
Cases that cite this one
22 later published cases cite this decision.
- McDowell v. St. Paul Fire & Marine Insurance (N.Y. 1913)
- Howe v. Mill Owners Mutual Fire Insurance Co. of Iowa (New York Supreme Court 1933)
- Miller v. Stuyvesant Insurance (Appellate Division of the Supreme Court of New York 1928)
- Greenwich Bank v. Hartford Fire Insurance (Appellate Division of the Supreme Court of New York 1927)
- Salomon v. North British & Mercantile Insurance (Appellate Division of the Supreme Court of New York 1912)
- G.E. Capital Mortgage Services, Inc. v. Daskal (Appellate Division of the Supreme Court of New York 1995)
- Citibank, N. A. v. Covenant Insurance (New York Supreme Court 1991)
- United States Fidelity & Guaranty Co. v. Annunziata (N.Y. 1986)
- Whitestone Savings & Loan Ass'n v. Allstate Insurance (N.Y. 1971)
- National Factors, Inc. v. Waters (New York Supreme Court 1964)
- Syracuse Savings Bank v. Yorkshire Insurance (N.Y. 1950)
- National Fire Insurance v. Finerty Inv. Co. (Okla. 1934)
- Howe v. Mill Owners Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 1934)
- Hessian Hills Country Club, Inc. v. Home Insurance (N.Y. 1933)
- Lipsitz v. Union Insurance Society, Ltd., of London, England (New York Supreme Court 1933)
- Savarese v. Ohio Farmers Insurance Co. of Leroy (N.Y. 1932)
- Greenwich Bank v. Hartford Fire Insurance Co. of Hartford (N.Y. 1928)
- Seccombe v. Glens Falls Insurance (Cal. Ct. App. 1920)
- Perretta v. St. Paul Fire & Marine Insurance (New York Supreme Court 1919)
- Clover Crest Stock Farm, Inc. v. Wyoming Valley Fire Insurance (New York Supreme Court 1919)
- Trust Co. of St. Louis County v. Phoenix Insurance (Mo. Ct. App. 1919)
- O'Neil v. Franklin Fire Insurance of Philadelphia (Appellate Division of the Supreme Court of New York 1913)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The nature of the action and the facts, so far as material, are stated in the opinion of. Scott, J., below. (Heilbrunn v. German Alliance Ins. Co., 140 App. Div. 557)
We admit that insurance companies ought to have more protection in the matter of the time within which actions upon their policies must be brought, and possibly in other respects, than has been afforded them under the decision of the Appellate Division in this case; but the difficulty is that the language of those stipulations or conditions of the policy which relate to the proceedings after the liability of the company has accrued through the fire, does not enable or permit us to apply them to the mortgagee in such part only as may be practicable or expedient. We must hold (unless our decision is to be wholly arbitrary) that all those stipulations, which in terms relate to the mortgagor only, apply equally to the mortgagor and mortgagee, or we must hold that none of them do. The former dictates that which is impossible of performance. The remedy of the companies is to apply to the legislature for leave to modify, as to the matters indicated, the standard fire insurance policy of the state of New York.
On the merits we concur with the opinion of Scott, J., below.
The order of the Appellate Division in this case should, therefore, be affirmed, with costs, and the question certified answered in the affirmative.
Cullen, Oh. J., Gray, Haight, Vann, Werner and Hiscocic, JJ., concur.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.