New York Court of Appeals

Oliver S. Draper, Appellants v. the Oswego County Fire Relief Association, Respondent

November 19, 1907190 N.Y. 12

Summary

The Court affirmed the Appellate Division's order, holding that the fire‑insurance policy's exclusion provision is an exception, not a condition whose breach triggers forfeiture, so the doctrine of waiver does not apply and the insurer is not estopped from denying coverage for the fire caused within the excluded distance.