Legal Opinion
Du Bois v. Camden Fire Ins.
District Court, E.D. New York
Decided February 19, 1948No. Civ. A. No. 8726PublishedCited by 1 opinion
1Opinion of the Court
BYERS, District Judge.
This is a plaintiff’s motion to strike from the answer the first, second and third defenses, pursuant to Rule 12, and for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.
The action is based on four fire insurance policies issued by the defendant companies, to recover for a fire loss which may be deemed to have been fixed at the sum of $43,564.14.
The defenses sought to be stricken assert the failure of the plaintiff to disclose facts (constructive fraud) in connection with the issuance of the policies, knowledge…
2Cases cited4 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Sebring v. Fidelity-Phenix Fire InsuranceNew York Court of Appeals · 1931
- Dinnerman v. Boston InsuranceCity of New York Municipal Court · 1943
- Springfield Fire & Marine Ins. v. J. T. Wilson Co.Court of Appeals for the Sixth Circuit · 1933
3Cited by1 opinion
- Rosenfeld v. Union Insurance Society of Canton, Ltd.District Court, E.D. New York · 1957