Mazzella v. Hanover Fire Insurance

Kenna, Judge:

John Mazzella brought an action in assumpsit in the Circuit Court of Brooke County on a fire insurance policy insuring his household goods, issued to him by the defendant, Hanover Fire Insurance Company, in the sum of $2,000.00. From a judgment based upon a directed verdict for the defendant, Mazzella prosecutes this writ of error.

The principal defense in the trial court was that Mazzella, by false swearing in his proof of loss, had forfeited the benefit of the policy in accordance with its terms. The fire occurred at Follansbee in the early morning of August 19, 1930, and was…