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CASSELL VACATION HOMES, INC. v. COMMERCIAL UNION INS. COS.

121 A.D.2d 674 (1986)

Cassell Vacation Homes, Inc., et al., Plaintiffs, v. Commercial Union Insurance Companies et al., Defendants and Third-Party Plaintiffs-Appellants. Lee Zoldan Associates, Inc., et al., Respondents

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

June 30, 1986

Order reversed, with costs, and motion denied.

This is an action to recover for property damage caused by a fire in which the plaintiffs sued on business owners' policies issued by the defendants Commercial Union Insurance Companies and Preferred Mutual Insurance Company. The defendants asserted affirmative defenses alleging that the plaintiffs had deliberately caused the fire for the purposes of submitting insurance claims. After the plaintiffs served a verified...

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