Appellate Terms of the Supreme Court of New York March 6, 1925 (Grossman v. London Guarantee & Accident Co.)

McCook, J.:

In an.action to recover on an agreement of indemnity contained in a policy of accident insurance, the defendant insurer pleaded among other things cancellation and failure to file proof of loss. These are the two important matters of controversy and since each must in our opinion be resolved in favor of the appellant, it is unnecessary to examine minor questions.