New York Court of Appeals

John G. Arthur, Respondent v. the Homestead Fire Insurance Company, Appellant

November 11, 187978 N.Y. 462

Summary

The New York Court of Appeals reversed the lower court's judgment for the plaintiff, holding that the policy's one‑year limitation clause barred the action and that no waiver or estoppel arose from the prior suit or the insurer's conduct. The court also found the reformation claim unnecessary and unable to overcome the limitation.