German Insurance v. Russell

The opinion of the court was delivered by

Greene, J. :

This action was brought on an insurance policy for the loss of a residence destroyed by fire. The plaintiff below stated in his application that the property was occupied at the time as a dwelling for himself and family. The policy contained, among others, the following condition

“This insurance contract is based upon the representations contained in the assured’s application of even number herewith and which the assured has signed and permitted to be submitted to the company, and which is made a warranty and a part hereof; and it is…