Bersani v. GEN. ACC. FIRE CORP.

36 N.Y.2d 457 (1975)

David R. Bersani et al., Respondents,

v.

General Accident Fire & Life Assurance Corporation, Ltd., Appellant.

Court of Appeals of the State of New York.

Argued February 10, 1975.

Decided May 5, 1975.

Hugh McM. Russ, Jr. for appellant.

Robert Schaus for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

In this action to recover under a standard fire insurance policy, defendant insurer seeks to avoid liability by virtue of an agreement that no claim would be made on the policy in the event of a loss.

Augusto Bersani and…