DeNoyelles v. Delaware Insurance

The plaintiff sought to recover for loss on an insurance policy. The defense was a breach of a covenant of warranty. The trial was before a jury and at the end of defendant’s case the complaint was dismissed. The judgment, therefore, can be sustained only if the defense was established as matter of law on undisputed evidence.

When the policy was delivered to the plaintiff, there were stamped on its face the words “ Warranted b.y the assured that the within described building is occupied exclusively for dwelling purposes by not more than two families.” In fact, the plaintiff was carrying on a…