Pat Hartly, Inc. v. American Reciprocal Insurers

Judgment in the amount of $60,818.68 pursuant to jury verdict in favor of plaintiff insured on fire insurance policy, unanimously reversed and verdict vacated, on the law, with costs to abide the event, and a new trial ordered. The instruction to the jury concerning fraud and false swearing by plaintiff in presenting the claim was insufficient. Included in defendants’ written requests to charge were several which in substance presented the language of the policy provision, its applicability to the case, and stated that knowing material misrepresentation of the extent of damage to induce an…