Brunswick Corp. v. Ætna Casualty & Surety Co.

Plaintiff appeals from an order of Erie Special Term which denied its motion to take depositions of insurance adjustors, a special arson agent, and insurance brokers in its action to recover, under á loss payable clause, the fire loss of its conditionally sold property wherein defendants had inter-

*183posed defenses of concealment, fraud, and arson by the insured to defeat plaintiff’s action. The adjustors, Bartholomew and Jones, and the arson agent Conway were shown to have been agents of defendants in their examination of the premises after the fire. Plaintiff, therefore, had the right under…