New York Court of Appeals

Jane E. Merrill, Respondent v. the Agricultural Insurance Company, Appellant

May 21, 187873 N.Y. 452

Summary

The Court affirmed the lower court, holding that the fire‑insurance policy was severable because the various items were separately valued. The plaintiff's answer "deed" did not constitute a breach of a warranty of fee‑simple title, and extinguished mortgages that were not recorded did not breach the incumbrance warranty. Consequently, the breach of the incumbrance condition as to the buildings voided coverage only for the buildings, not for the chattel property.