New York Court of Appeals

Philip Herrman, Respondent v. the Merchants' Insurance Company, Appellant

June 1, 188081 N.Y. 184

Summary

The Court affirmed the judgment for the insured, holding that the summer residence was not "vacant and unoccupied" within the policy's terms and that the alleged increase of risk due to non‑occupancy did not breach the condition requiring notice of internal or external risk changes.