Morton v. Home Insurance

Summary judgment entered July 15, 1968, unanimously reversed on the law, order entered June 11, 1968, denying motion for leave to serve an amended answer, unanimously reversed on the law and facts and in the exercise of discretion, with $50 costs and disbursements to the appellant. The motion for summary judgment is denied, and the motion for leave to serve an amended answer is granted. The record shows that the policy containing the agreed valuation was issued by defendant on the basis of a signed application which allegedly contained misrepresentations as to description and purchase price…