AMERICAN PAINT SERVICE v. HOME INSURANCE CO. OF N. Y.

No. 12144.

246 F.2d 91 (1957)

AMERICAN PAINT SERVICE, Inc., a Corporation of The State of New Jersey, Appellant, v. The HOME INSURANCE COMPANY OF NEW YORK, a Foreign Corporation Authorized to do Business in New Jersey.

United States Court of Appeals Third Circuit.

Decided July 1, 1957.


Attorney(s) appearing for the Case

Joseph M. Jacobs, Newark, N. J., (Stoffer & Jacobs, Newark, N. J., on the brief), for plaintiff-appellant.

Harold D. Feuerstein, Newark, N. J., for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


KALODNER, Circuit Judge.

Is false testimony in a trial on a fire insurance policy a factor which the jury should consider in determining whether an insured is guilty of "fraud or false swearing" under a standard policy provision which makes the policy void for wilful concealment or misrepresentations of material facts by the insured before or after the loss?

That question is presented on this appeal from the judgment of the United States District Court for...

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