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LOMARTIRA v. AMERICAN AUTOMOBILE INSURANCE CO.

Nos. 249, 250, Dockets 30245, 30246.

371 F.2d 550 (1967)

Giuseppe LOMARTIRA, a.k.a., et al., Plaintiffs-Appellants, v. AMERICAN AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee. Giuseppe LOMARTIRA, a.k.a., et al., Plaintiffs-Appellants, v. QUEEN INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 16, 1967.

Attorney(s) appearing for the Case

Frank J. Raccio, New Haven, Conn. (W. Paul Flynn and Howard Zoarski, New Haven, Conn., on the brief), for plaintiffs-appellants.

Thomas F. Parker, Hartford, Conn. (Willis G. Parsons, Jr., Gross, Hyde & Williams, Hartford, Conn., on the brief), for defendant-appellees.

Before LUMBARD, Chief Judge, and HAYS and FEINBERG, Circuit Judges.

LUMBARD, Chief Judge:

The plaintiffs in these two consolidated diversity actions, Giuseppe Lomartira, Sr., and Rose Lomartira,1 have appealed from a decision of Judge Timbers, sitting without a jury in the District of Connecticut, that the three fire insurance policies sued on were voided by the trial testimony of plaintiff Giuseppe Lomartira, Sr., regarding alleged improvements, found by Judge Timbers to be knowingly false and fraudulent...

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