BERSANI v. GEN. ACC. FIRE CORP.


36 N.Y.2d 457 (1975)

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

Court of Appeals of the State of New York.

Decided May 5, 1975.


Attorney(s) appearing for the Case

Hugh McM. Russ, Jr. for appellant.

Robert Schaus for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

In this action to recover under a standard fire insurance policy, defendant insurer seeks to avoid liability by virtue of an agreement that no claim would be made on the policy in the event of a loss.

Augusto Bersani and plaintiff August Galasso by a deed dated June 14, 1966 acquired title to real property at 582 Third Street in the City of Niagara Falls, for which they paid $23,000. During...

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