RELIANCE INS. COS. v. DALY


52 A.D.2d 645 (1976)

Reliance Insurance Companies, Respondent, v. James C. Daly, Appellant

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

April 26, 1976


Judgment affirmed, without costs or disbursements.

The major, overriding issues were whether defendant had committed a fraud in his application for automobile liability insurance and whether plaintiff had waived any claim for fraud. In our opinion, the determination of those issues could not be made as a matter of law (see Reliance Ins. Co. v Daly, 38 A.D.2d 715). The evidence presented...

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