Legal Opinion

Herbert v. St. Paul Fire & Marine Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1916PublishedCited by 1 opinion

Appeal from an order granting the plaintiff’s motion for a bill of particulars as to defendant’s separate defenses.

1Per curiam

The action is upon a policy of fire insurance. The defense raises a general issue and sets up the affirmative defenses that values were exaggerated and falsely stated in the proofs of loss; that at the examination of the assured under the policy the husband of the assured (representing the assured) refused to answer truthfully certain proper questions, and gave false answers and failed to produce documents called for and produced false documents, and that the assured gave false answers in the proofs of loss as to the cause of the fire, and as to her being the sole owner of the lost property.…

2Cited by1 opinion

  1. Mart Waterman Co. v. Liverpool & London & Globe Ins.District Court, E.D. New York · 1922

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