New York Court of Appeals
George Alexander, Respondent v. Germania Fire Insurance Company, Appellant
February 22, 187666 N.Y. 464
Summary
The Court held that the occupancy statement in the fire insurance policy was a warranty, that breach of this warranty by the building being unoccupied voided the policy, and that the insurer was not bound by the agent’s knowledge of the vacancy because the policy expressly made the agent an agent of the assured. Accordingly the lower court’s judgment was reversed and a new trial granted.