Hayat Carpet Cleaning Co. v. Northern Assur. Co., Ltd., of London

L. HAND, Circuit Judge.

Tho plaintiff sued upon a policy of burglary insurance and the defence was that the insured had been guilty of a material misrepresentation, in reliance upon which tho insurer had bound the risk. An insurance broker, one Rohl, acted for the plaintiff in procuring the policy, and provisionally took o,ut a “binder” until the formal policy was prepared. In this binder were inserted the words: “N. D. T. central station alarm. #ILL,” derived from what Rohl had told the insurer. He had seen a burglar alarm upon the plaintiff’s premises and told the defendant that it was…