New York Court of Appeals

Benjamin Van Schoick, Respondent v. the Niagara Fire Insurance Company, Appellant

February 13, 187768 N.Y. 434

Summary

The Court affirmed the lower court, holding that the policy’s condition requiring written representation of a leased‑ground building was a condition precedent that was waived or the insurer was estopped from enforcing, because the insurer’s agent knew of the lease and the insurer was bound by that knowledge.