Hayes v. Saratoga & Washington Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Saratoga and Washington Fire Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 9th day of April, 1902, upon the decision of the court rendered after a trial at the Saratoga Special Term.
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Appeal by the defendant, The Saratoga and Washington Fire Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 9th day of April, 1902, upon the decision of the court rendered after a trial at the Saratoga Special Term. One Randall is the agent of the defendant, a co-operative fire insurance company, and has authority to solicit business, make out applications for insurance in defendant company, deliver policies and collect premiums. Michael Connery in 1899 was the owner of a building situated on…
1Opinion of the Court
Chase, J.:
The applicant for insurance could not read writing. In response ■to. the-questions propounded by the representative of thé defendant ■he gave truthful answers.' Where the insured gives true answers ' to the questions put to him as á basis of insurance and an authorized agent of the insurance company inserts in the application false answers, the company and not the insured is responsible for then-falsity ; and their falsity is no defense to an action upon the policy. (O'Brien v. Home Benefit Society, 117 N. Y. 310; Sternaman v. Met. Life Ins. Co., 170 id. 13; Mead v. Saratoga &…
2Cases cited3 opinions
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
- Mead v. Saratoga & Washington Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Redd v. Woodford County Swine Breeders, Inc.Appellate Court of Illinois · 1977
- Summers v. AlexanderSupreme Court of Oklahoma · 1911
- Courtney v. Nationwide Mutual Fire InsuranceDistrict Court, N.D. New York · 2001
- Graham v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1923