New York Court of Appeals

Adolph Hermann, Respondent v. the Niagara Fire Insurance Company, Appellant

November 24, 1885100 N.Y. 411

Summary

The Court affirmed the lower court's judgment, holding that the broker's authority terminated upon delivery of the policy and that notice of cancellation to the broker was not notice to the insured. The special clause in the policy did not create a continuing agency relationship, and the local Troy custom was inadmissible. The insurer's failure to receive timely notice of loss was waived, precluding its reliance on the cancellation defense.