Lighton v. Madison-Onondaga Mutual Fire Insurance

Judgment unanimously affirmed, without costs. Memorandum: In this action to recover for a fire loss defendant insurers asserted the affirmative defense, inter alia, that plaintiffs had willfully concealed the fact that their property had been damaged by fires of a suspicious nature prior to the issuance of the policies. Following a trial, the jury, to whom special questions had been submitted by the court, determined that the defendants did not prove concealment but that they had proved that the fire was deliberately set. On this appeal plaintiffs contend that the trial court erred in not…