(Download) "Edward K. Anderson v. General Accident Fire and Life Assurance Corp." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Edward K. Anderson v. General Accident Fire and Life Assurance Corp.
- Author : Supreme Court of New York
- Release Date : January 06, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
[58 A.D.2d 568 Page 568] In an action on a policy of fire insurance, defendant appeals from a judgment of the Supreme Court, Orange County, entered July 30, 1976, which is in favor of plaintiff and against it, upon a jury verdict. Judgment reversed, on the law, and new trial granted, with costs to abide the event. After both sides rested, the trial court dismissed defendant's affirmative defenses which, inter alia, alleged that the fire occurred while the hazard was increased by means within the knowledge or control of the plaintiff, in connection with the origin of the said fire and that there were wilful concealments and misrepresentations and false and fraudulent statements concerning the origin of the loss. We hold that such dismissal constituted reversible error, as these issues should have been left to the jury. The evidence indicates that plaintiff's premises [58 A.D.2d 568 Page 569]