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.