Hutt v. Lumbermens Mutual Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
TlTONE, J. P.
In an action to recover the proceeds of a fire insurance policy, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, which dismissed the complaint following a jury verdict in favor of the defendant insurer (hereinafter defendant).
The issue is whether the defendant met its burden of establishing the affirmative defense of arson. Finding that it did not, we reverse.
Plaintiffs were the owners of a one-family house, located in Deer Park, Long Island, in which they had resided for some 21 years. The house was insured under a standard…
2Cases cited18 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
- Jo Ann Homes at Bellmore, Inc. v. DworetzNew York Court of Appeals · 1969
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- O'Boyle v. Avis Rent-A-Car System, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
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