New York Court of Appeals

Olive A. Dilleber, Appellant v. Home Life Insurance Company, Respondent

April 10, 187769 N.Y. 256

Summary

The Court reversed the lower court's directed verdict for the insurer, holding that the physician testimony was inadmissible, that the insured's letters were only admissible to show his knowledge, and that insurance warranties are strictly construed and do not extend beyond the answers given. The matter of whether a breach of warranty occurred must be submitted to a jury, and a new trial was ordered.