Quon v. Niagara Fire Ins. Co. Of New York

JAMES ALGER FEE, District Judge.

Quon, on behalf of two associates and himself, brought action, March 1, 1948, upon seven separate policies of insurance issued by different insurance companies for property destroyed by fire May 27, 1946. Two affirmative defenses were interposed: first, that Quon burned the property and, second, that suit was not commenced within fifteen months after the loss, as required by the policy.

The action was tried by the Court without a jury. There was no evidence tendered upon the defense of incendiary origin, and the Trial Court found against defendants upon this…