Browning v. . Home Insurance Company
New York Court of Appeals
Appeai, from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought upon a policy of fire insurance.
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Appeai, from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Hew York, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought upon a policy of fire insurance. The policy was issued to Moses J. Wicks, insuring him to the amount of $4,000 “oft his two-story and attic frame, filled into peak with brick, dwelling-house, situated (standing detached fifty feet) on the west side of Paca avenue, one hundred and twenty feet north of Atlantic avenue, in the city of Brooklyn, L. I.; loss, if any, payable to E. F. Browning,…
1Per curiam
The defendant claims that the description of the house insured as a dwelling was a warranty that it was occupied as such. Unless there was evidence to show misrepresentation or concealment as to the fact of occupation, there is no ground for such a position. The defendant had ample opportunity to ascertain how the fact was, and having failed to improve it by making inquiries through its agent, or to make provision in the policy for such a case, it cannot now claim that the insurance was for a building which was occupied contrary to the plain meaning and import of the language employed.
The…
2Cited by32 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Short v. . Home Insurance CompanyNew York Court of Appeals · 1882
- Sebring v. Fidelity-Phenix Fire InsuranceNew York Court of Appeals · 1931
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