Greenwich Bank v. Hartford Fire Insurance

This action is based upon a fire insurance policy. The learned court at Trial Term directed a verdict for the defendant Hartford Fire Insurance Company of Hartford, Connecticut, upon the ground that the assured lost its rights under the policy because it failed to give immediate notice of loss, as required by the policy, for the reason that an agent of the assured mistakenly assumed that the policy had lapsed. (127 Misc. 408.)

For the reasons hereinafter given the judgment must be reversed and a new trial ordered.

The facts, in so far as necessary to indicate the reasons for our decision, are…