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Copp v. Home Ins.

35 N.Y.S. 1105 Court N.Y. Gen. Term Decision date 1895-10-18 English

Contents

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p. 1105
COPP, Appellant, v. HOME INS. CO., Respondent.
(Supreme Court, General Term, First Department.
October 18, 1895.)

Headnote

Action by William A. Copp, as executor, etc., against the Home Insurance Company.
Thomas J. Ritch, Jr., for appellant. George Richards, for respondent.

The facts are undisputed, and from them it appears that the dwelling house which the defendant insured was vacant and unoccupied for a period of more than 10 days prior to its burning. A clause in the policy of insurance upon which this action is founded provides that in such event the policy shall be void. " The complaint was therefore properly dismissed. The judgment and order should be affirmed, with costs.