Waugh v. Firemen's Fund Insurance

The plaintiff Waugh brought this action as attorney in fact of one Lapadula on a fire insurance policy issued to the latter by the defendant company. There are other defendants against whom relief is sought on other bases — but their presence in the action is of no moment on the present issue. The relevant defenses pleaded by the insurer are, among others, fraud in the inducement of the issuance of the policy, knowing increase in hazard in breach thereof, misrepresentation as to the value of the insured premises, and false swearing in relation to the loss, thus voiding the policy.

The…