Parker v. Arctic Fire Insurance
New York Supreme Court
Appeal from a judgment in favor of the plaintiff in an action tried before Mr. Justice Babhabd without a jury. The action was brought to recover the amount of a policy of ■ insurance issued by the defendant to the plaintiff June 2, 1869, upon plaintiff's mill in the city of Poughkeepsie. ■ A survey referred to in the policy contained a representation by the insured that the motive power of the mill was water.
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Appeal from a judgment in favor of the plaintiff in an action tried before Mr. Justice Babhabd without a jury. The action was brought to recover the amount of a policy of ■ insurance issued by the defendant to the plaintiff June 2, 1869, upon plaintiff's mill in the city of Poughkeepsie. ■ A survey referred to in the policy contained a representation by the insured that the motive power of the mill was water. The policy provided that such survey should be deemed a warranty, and that any misrepresentation therein contained should render the policy void, and further provided that if the risk…
1Opinion of the CourtPratt, J.
That it was competent for the defendant’s secretary, after receiving notice of a change of risk, to waive writing such change upon the policy, and to issue a valid renewal of the policy, seems too well settled by authority to be doubted. N. Y. Cent Ins. Co. v. National Prot. Ins. Co., 14 N. Y. 92; Ames v. N. Y. Union Ins. Co., id. 253; Wilson v. Genesee Mut. Ins. Co., id. 418; Liddle v. Market Ins. Co., 4 Bosw. 184; Whitwell v. Putnam Fire Ins. Co., 6 Lans. 166, and cases there cited.
The essential fact to be ascertained is, whether the company, with knowledge of the alteration, consented to…
2Cases cited2 opinions
- Whitwell v. Putnam Fire InsuranceNew York Supreme Court · 1872
- People ex rel. Presmeyer v. Board of Commissioners of Police & ExciseNew York Court of Appeals · 1874