CANOVA v. COOP. FIRE INS. CO., OF CATSKILL


2 A.D.2d 679 (1956)

Salvatore Canova, Respondent, v. Cooperative Fire Insurance Company, of Catskill, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 4, 1956


Order reversed, with $10 costs and disbursments, and motion denied.

No facts are alleged from which it could be found that appellant waived policy provisions. As to the provision for immediate written notice of the loss, it is alleged that appellant waived because it did not deliver the policy to respondent at the time it was issued but retained the policy as security for full payment of the premium and delivered a copy of the policy to respondent's mortgagee. As...

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