Boyd v. Otsego Mutual Fire Insurance

— Order unanimously affirmed, with costs. Memorandum: Special Term correctly denied the motion of defendant, a fire insurance company, for summary judgment dismissing the complaint of its insured seeking recovery upon a policy of fire insurance. Defendant’s motion was based upon its affirmative defense that plaintiff had concealed material facts by using a fictitious name in his application for the policy and by failing to reveal the fact that he was a fugitive from justice.

Under the rules applying to forms of insurance other than marine, an applicant is ordinarily permitted to remain silent…