Bennett v. Agricultural Insurance
New York Supreme Court
Appeal from a judgment for the plaintiff entered upon the report of a referee. Isaac W. Bennett brought this action against the Agricultural Insurance Company of Watertown, New York, upon a fire insurance policy issued by it upon a dwelling owned by the plaintiff. The facts appear fully in the opinion.
1Opinion of the CourtFollett, J.
This is an appeal by the defendant from a judgment entered in favor of the plaintiff upon *236the decision of a referee. The action is upon a fire insurance policy covering a dwelling. Three defenses were litigated before the referee.
I. That the policy never took effect because it was untruly stated in the application that the dwelling was then occupied, when, in fact, it was unoccupied.
II. That the dwelling was not occupied at the time of the fire.
III. That the plaintiff failed to give immediate notice of the loss, as required by the policy.
The application which was signed by the insured,…
2Cases cited13 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
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3Cited by5 opinions
- Blass v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Rademacher v. Greenwich InsuranceNew York Supreme Court · 1894
- New York Mutual Savings & Loan Ass'n v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1906
- Shire v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1900
- Smith v. Agricultural InsuranceNew York Supreme Court · 1887