Filardo v. National Union Fire Insurance

This is an action on a New York standard fire insurance policy. The policy contains the following provisionUnless otherwise provided by agreement in writing added hereto this company shall not be liable for loss or damage occurring * * * (b) While the hazard is increased by any means within the control or knowledge of the insured.” The answer alleges as a defense that the hazard was increased by the installation and operation by the insured of a still in the cellar of the premises and that the fire in question occurred while such increased hazard existed.

At the trial the plaintiff admitted…