New York Court of Appeals

Dennis Maher, Respondent v. the Hibernia Insurance Company, Appellant

November 14, 187667 N.Y. 283

Summary

The Court of Appeals affirmed the judgment for the plaintiff, holding that the evidence of a mutual mistake as to the building's occupation was admissible, justified reformation of the fire insurance policy, did not invalidate the plaintiff's proofs of loss, and did not constitute a breach of the policy's false swearing condition.