YORKVILLE OF BROADWAY INC. v. ALLIANZ INS. CO.


160 A.D.2d 194 (1990)

Yorkville of Broadway Inc., Appellant-Respondent, v. Allianz Insurance Company, Respondent-Appellant

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

April 3, 1990


In this action to recover $200,000 for water damage under a "Special Multi-Peril Policy", the defendant insurer asserted a first affirmative defense based on the "concealment/fraud" provision of the policy's standard fire policy endorsement. After expressly pleading that clause, defendant alleged specifically that plaintiff had submitted a sworn proof of loss setting forth a damage claim which "was grossly exaggerated and inflated to defraud defendant into making payment...

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