New York Court of Appeals

Hiram Van Valkenburgh, Respondent v. the Lenox Fire Insurance Company, Appellant

January 5, 187351 N.Y. 465

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the insurer had not validly terminated the fire insurance policy because the contractual conditions—immediate notice of termination and full refund of the ratable unearned premium—were not satisfied. The court also held that the insurer’s agent, Hansen, was not authorized to terminate the contract on behalf of the plaintiff.