New York Court of Appeals
David McMaster v. . the President and Directors of the Insurance Company of North America
December 16, 187355 N.Y. 222
Summary
The New York Court of Appeals affirmed the trial court's judgment for the plaintiff, holding that the insured did not breach the policy condition prohibiting other insurance on the same property and that no estoppel in pais arose from the proofs of loss. The court also ruled that proofs of loss are not part of the insurance contract and that a third‑party witness may contradict the written policy description.