BERSANI v. GEN. ACC. FIRE


44 A.D.2d 212 (1974)

David R. Bersani et al., Appellants, v. General Accident Fire & Life Assurance Corporation, Ltd., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 11, 1974.


Attorney(s) appearing for the Case

Schaus & Schaus (Robert Schaus of counsel), for appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Hugh McM. Russ, Jr., of counsel), for respondent.

WITMER, J. P., CARDAMONE, GOLDMAN and DEL VECCHIO, JJ., concur.


SIMONS, J.

This is an appeal from a judgment of Supreme Court which dismissed plaintiffs' complaint in an action to recover on a fire insurance policy issued by the defendant. The defendant pleaded as an affirmative defense that the policy was void because the agents of the contracting parties agreed orally before issuance of the policy that no claim would be made under it.

In 1963 August Bersani and...

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