New York Court of Appeals

Rebecca L. Foot, Appellant v. the Ætna Life Ins. Co. of Hartford, Connecticut, Respondent

January 5, 187561 N.Y. 571

Summary

The Court of Appeals held that under the insurance policy any untrue statements, even if made innocently, constitute a breach of warranty that voids the policy, and that on reversal a new trial must be granted unless it is absolutely clear that no proof could ever support the insurer's claim. Accordingly the prior judgment was reversed and the case remanded for a new trial.