Legal Opinion

Werber Leather Coat Co. v. Niagara Fire Insurance

Appellate Division of the Supreme Court of the State of New York

Decided June 6, 1938PublishedCited by 1 opinion

1Opinion of the CourtHagarty, J.

This action is to recover upon insurance policies covering the fire risks of a factory located at Beacon, N. Y., devoted to the making of leather goods. The fire occurred on the 7th day of May, 1934, and concededly was of incendiary origin.

*299While the proof was ample to warrant the jury in finding that the fire was set at the instigation of plaintiff for the purpose of collecting the insurance, a question of fact was presented, not only as to that issue, but also, in accordance with the charge of the court, as to whether or not plaintiff had willfully concealed information with respect to…

2Cases cited3 opinions

  1. Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
  2. Domagalski v. Springfield Fire & Marine InsuranceAppellate Division of the Supreme Court of the State of New York · 1926
  3. Kantor Silk Mills, Inc. v. Century InsuranceNew York Court of Appeals · 1930

3Cited by1 opinion

  1. Happy Hank Auction Co. v. American Eagle Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1955

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