[Download] "Colonial Penn Insurance Company v. Isaiah Minkoff Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free

eBook details

Title: Colonial Penn Insurance Company v. Isaiah Minkoff Et Al.
Author : Supreme Court of New York
Release Date : January 30, 1972
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Order and judgment (one paper) of Supreme Court, New York County, entered February 14, 1972, declaring, inter alia, that the validity of a certain contract of insurance between plaintiff and defendant Isaiah Minkoff must be determined by the laws of New York, affirmed, without costs and without disbursements. Section 167 of the Insurance Law which sets forth the minimum standard provisions required in liability policies, refers, throughout most of its subdivisions, to policies or contracts "issued or delivered" in the State by any authorized insurer. The policy of insurance here in issue, though mailed from Philadelphia, was delivered here. Moreover, since this action involves New York residents who responded to an advertisement in the New York Times and purchased a policy of insurance from a company authorized to do business in New York which was delivered here and covers a New York registered vehicle, we cannot agree with the dissent that the "grouping of contacts" theory is inapplicable merely because the accident occurred in New Jersey and the policy was mailed from Pennsylvania by a Massachusetts corporation. This rule requires courts to apply the law of the State which the parties understood would be the principal location of the insured risk and the one most intimately concerned with the outcome of the litigation. (2 Couch, Insurance 2d, [1971 Supp.], Â§ 16:19.5; 12 Appleman, Insurance Law and Practice, [1972 Supp.], Â§ 7079.) Under the facts of this case, it is the law of New York which should be applied.