Flowers v. Home Insurance Co.

Flannery, J.,

This matter is before the court on plaintiffs’ preliminary objections to defendant’s answer containing new matter.

Plaintiffs brought this action in assumpsit for $5,000, the face amount of a policy of insurance issued by defendant, insuring the household furniture and the personal effects in plaintiffs’ real estate at Mountaintop, Rice Township, Luzerne County.

In its answer containing new matter, defendant alleged that plaintiffs swore falsely in the proofs of loss by concelaing the origin of the fire, thereby breaching one of the conditions of the policy and voiding it.

The…