Essex Refining Corp. v. Home Insurance

In this action, tried before me and a jury, plaintiff was seeking to recover under a jewelers’ block policy for losses suffered in a burglary. The defense was material misrepresentations in the application for the policy. After completion of testimony, defendant moved to dismiss and I granted the motion.

Plaintiff by this motion asks me to recall my determination and order a new trial. Plaintiff’s moving papers offer nothing new factually or legally and, accordingly, the motion is denied.

Plaintiff’s misrepresentations were not in Item 17(e)(ll) of the application as argued in the moving…