Palmiere v. Standard Insurance

There are two motions before the court. One is by the plaintiff to vacate the defendant’s notice of examination before trial or, in the alternative, modifying the same; the cross motion is by the defendant to amend its answer so as to plead an affirmative defense to the effect that plaintiff has not duly performed all of the conditions on her part to be performed.

The action was brought to recover for a loss or damage which it is alleged was the type of loss insured against under the provisions of a policy of insurance issued by the defendant. The damage is claimed to have occurred in November…