Schindler v. Royal Insurance Co.

Plaintiff sues on an insurance policy for a fire loss. Defendant sets up as a defense that by its terms the policy shall be void in case of any fraud of the insured touching the subject of the insurance; that plaintiff made to it a false and fraudulent statement of loss and damage; that thereafter plaintiff was convicted in the County Court of Nassau of the crime of presenting to defendant such false and fraudulent proof of loss and that such judgment of conviction is a bar to the maintenance of this action by the plaintiff and the issue of plaintiff’s fraud is res adjudicata. The defense has…