New York Court of Appeals

Abner C. Keeney v. the Home Insurance Company of Columbus, Ohio, Respondent

December 11, 187771 N.Y. 396

Summary

The New York Court of Appeals held that the appointment of a receiver does not constitute a change in title or possession under the fire insurance policy, that the insurer waived its right to object to the proofs of loss by retaining them without timely objection, and that no breach of the policy's warranty that only bathtub manufacturing be conducted on the premises was shown. Accordingly, the Court reversed the General Term's order and entered judgment on the verdict for the plaintiff.