Sirianni v. Boston Insurance

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding that the defendant waived the condition of the policy that “ this entire policy shall be void, unless otherwise provided by agreement in writing added hereto, * * * if the subject of insurance be a building on ground not owned by the insured in fee simple,” is against the weight of the evidence. All concur.