Mid-Century Insurance v. Cherubini

OPINION

By the Court,

Thompson, J.:

This action was commenced by Vincent and Anna Cherubini against Mid-Century Insurance Company for losses caused by a fire to their home. Mid-Century contended that the Cherubinis had not complied with the terms and conditions of the insurance policy and that, in any event, it was not liable since the loss resulted from an act of arson by the claimants.

The Cherubinis moved for partial summary judgment on the issue of liability contending that Mid-Century’s payment of certain benefits under the policy operated as a waiver of defenses making all policy proceeds…