Abraham v. New York Underwriters Insurance

The opinion of the Court was delivered by

Mr. Justice Boni-iam.

This action has as its basis a fire insurance policy covering a house on a lot of a half acre in extent.

Appellant claimed the property in fee simple. She alleges in her complaint that at the time respondent issued this policy, it had no intention of performing its contract, but intended then to deceive and defraud her. The complaint sought recovery of the sum of $400.00, the face of the policy, and interest, and $2,500.00 punitive damages.

The defense was that appellant in applying for the policy represented herself to be the owner…