Hersh v. Home Insurance

Defendant insurance companies appeal from an order of Special Term precluding them unconditionally from giving evidence as to their affirmative defenses because of their failure to furnish a bill of particulars. This is an action to recover $45,000 upon policies of fire insurance, in which defendants have interposed three affirmative defenses containing broad assertions of fraud and lack of insurable interest.

It is undisputed that after service of the demand herein plaintiff granted appellants an extension of four weeks in which to serve their bill. A month after the stipulated period had…