Philip Herrman, Respondent v. the Adriatic Fire Insurance Company, Appellant

Summary

The New York Court of Appeals reversed the General Term, holding that the dwelling-house was not occupied within the meaning of the insurance policy and that the vacancy condition applied to each insured item separately. Because the dwelling was vacant and unoccupied for more than thirty days without notice, the policy was void. The Court also affirmed the distributive construction of the phrase “above‑mentioned premises.”