New York Court of Appeals

Charles S. Bryce, Appellant, Agt. the Lorillard Fire Insurance Company, Respondent

December 9, 187355 N.Y. 240

Summary

The New York Court of Appeals affirmed the dismissal of the plaintiff’s action to reform the insurance policy and recover under it, holding that the policy’s location statement is a warranty and condition precedent, that there was no mutual or unilateral mistake with fraud to justify reform, and that the lower court’s factual findings were supported by evidence and therefore not reversible.