Graham v. Firemen's Insurance
New York Court of Common Pleas
Exceptions taken by the plaintiff at a trial term of this court, ordered to be heard, in the first instance, at the general term. The action was brought upon two policies of insurance issued by the defendants, loss, if any, payable to the plaintiff as mortgagee. At the time of the issuing of both policies, representations were made as to the occupancy of the premises, which were untrue.
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Exceptions taken by the plaintiff at a trial term of this court, ordered to be heard, in the first instance, at the general term. The action was brought upon two policies of insurance issued by the defendants, loss, if any, payable to the plaintiff as mortgagee. At the time of the issuing of both policies, representations were made as to the occupancy of the premises, which were untrue. At the time of the issuance of the first policy, the agent of the-plaintiff at the time of the application, in answer to specific inquiries, stated that the owner of the property was Mrs. Catherine E. Jack,…
1ConcurrenceVan Hoesen, J.
I concur with Judge Van Brunt. By *349omitting to point out the defects in the proofs of loss, the company did not give validity to a policy that was previously invalid. By its course with respect to proofs of • loss, a company may sometimes estop itself from talcing advantage, at the trial, of - formal defects in the proofs, which might have been rectified if objection to the proofs had been made before the action on the policy was begun. After saying that the proofs were defective, the company was not obliged to go farther, and specify the defects. The plaintiff should then have consulted the…
2Cases cited2 opinions
- O'Niel v. . the Buffalo Fire Ins. Co.New York Court of Appeals · 1849
- Kimball v. Hamilton Fire InsuranceThe Superior Court of New York City · 1861