Birmingham v. Empire Insurance
New York Supreme Court
THIS was an action upon a policy of insurance for $80, on a dwelling house in the village of Canandaigua, issued hy the defendant. The complaint alleged the issuing and delivery of the policy to the plaintiff on the 20th of August, 1860, and that he had an insurable interest in the property, at the time of the insurance, and at the time of the fire, as owner of the same.
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THIS was an action upon a policy of insurance for $80, on a dwelling house in the village of Canandaigua, issued hy the defendant. The complaint alleged the issuing and delivery of the policy to the plaintiff on the 20th of August, 1860, and that he had an insurable interest in the property, at the time of the insurance, and at the time of the fire, as owner of the same. It also alleged the destruction of the bouse by fire, on the 27th of October, 1861, at which time the same was of the value of $110, and that notice of the loss was given to the defendant, with the usual preliminary proofs.…
1Opinion of the Court
By the Gourt,
James 0. Smith, J.
The conditions annexed to the policy of insurance, and, by its terms, forming a part thereof, require that applications for insurance “ shall be made according to the printed forms of the company,” *459and shall specify, among other things, “the nature of the applicant’s title, if less than fee simple and they also provide “that any misstatement or concealment relative to any of the foregoing requirements * * * shall render the insurance void.” The plaintiff, in his written application for insurance, which was in the requisite form, represented that he owned the…
2Cases cited1 opinion
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
3Cited by3 opinions
- Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
- Gilman v. Dwelling-House InsuranceSupreme Judicial Court of Maine · 1889
- Adema v. Lafayette Fire InsuranceSupreme Court of Louisiana · 1884