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Getzoff v. Piedmont Fire Ins. Co.

Supreme Court, Appellate Term, Second Department.
Jan 29, 1953
203 Misc. 267 (N.Y. App. Term 1953)

Opinion

01-29-1953

Louis Getzoff, Appellant, v. Piedmont Fire Insurance Company, Respondent.


Joseph Winston and J. Wolfe Chassen for appellant.

George I. Janow for respondent.

WALSH, COLDEN and MURPHY, JJ., concur.

Per Curiam.

It was error to hold that the loss in question did not come within the provision for comprehensive coverage. The stone which fell from a truck and ultimately came in contact with the insured vehicle was a "falling object" within the fair intendment of the policy. Any doubt as to the meaning of the language of the policy must be resolved in favor of the assured (Hartol Products Corp v. Prudential Ins. Co., 290 N.Y. 44).

The judgment should be unanimously reversed upon the law and facts and new trial granted, with $30 costs to plaintiff to abide the event.

Judgment reversed, etc.


Summaries of

Getzoff v. Piedmont Fire Ins. Co.

Supreme Court, Appellate Term, Second Department.
Jan 29, 1953
203 Misc. 267 (N.Y. App. Term 1953)
Case details for

Getzoff v. Piedmont Fire Ins. Co.

Case Details

Full title:Louis Getzoff, Appellant,v.Piedmont Fire Insurance Company, Respondent.

Court:Supreme Court, Appellate Term, Second Department.

Date published: Jan 29, 1953

Citations

203 Misc. 267 (N.Y. App. Term 1953)