Oppenheimer v. Washington Assurance Corp.

The defendant issued its fire and theft policy covering the plaintiff’s Pierce Arrow automobile for a term of one year ending at noon on July 14, 1933. This action is brought to recover on the policy for the loss of the plaintiff’s automobile by theft on July thirteenth, the day before the insurance would have expired, and its complete destruction by fire at Fosterdale, N. Y., about 120 miles distant from plaintiff’s residence in New York city.

Payment on the policy was refused on the ground that it had been invalidated by reason of the violation by the plaintiff of the conditions set forth in…