New York Court of Appeals

William D. Ellis, Respondent v. the Albany City Fire Insurance Company, Appellant

November 26, 187250 N.Y. 402

Summary

The Court affirmed the judgment for the plaintiff, holding that an insurance company's agent with unrestricted authority to negotiate and issue policies also has authority to make a preliminary contract that binds the insurer, and that the insurer is liable for the loss despite the policy being issued after the fire.