R. C. S. Farmers Markets Corp. v. Great American Insurance

Appeal from an order of the Supreme Court at Special Term (Miner, J.), entered October 31,1979 in Ulster County, which denied plaintiff’s motion for summary judgment. In this action to recover the proceeds of a fire insurance policy, plaintiff insured has submitted proof of loss and compliance with the notice requirements of the policy. Defendant insurer has refused payment upon the grounds that plaintiff, through its president, willfully concealed or misrepresented facts concerning the insurance or the subject thereof and also increased the hazard of fire within the premises. In opposition…