Tru-Fit Clothes, Inc. v. Underwriters at Lloyd's London

THOMSEN, Chief Judge.

These suits were brought on policies of fire insurance covering a stock of clothing. Two issues were presented: (1) the amount of the loss; (2) whether the insured had been guilty of such fraud or false swearing in connection with the loss as would avoid the policy. The jury’s verdict was for the defendants. Plaintiff’s motion for new trial raises the question whether the jury was properly instructed on the issue of fraud and false swearing.

On the evening of February 16, 1955, a fire started in the basement of plaintiff’s East Baltimore St. store shortly after the store…