Dow v. Firemen's Insurance Co. of Newark

The opinion of the court was delivered by

HopKins, J.:

The action was one to recover on a policy of fire insurance. A demurrer by the defendant to plaintiff’s petition was overruled and defendant appeals.

The petition recited the issuance of the policy and that the property was burned. The policy had the usual terms and conditions of the standard fire insurance policy and contained this clause:

“This entire policy shall be void unless otherwise provided by agreement in writing added hereto (a) if the interest of the assured be or become other than entire unconditional, unincumbered and sole…