Order reversed on the law without costs, motion denied and affirmative defenses reinstated.
Memorandum:
Supreme Court erred in striking the affirmative defenses asserted by defendant in this action to recover for damages under a policy of fire insurance. The court held that defendant could not raise the defenses of arson and misrepresentation because it had previously denied coverage on another ground. "[T]he general rule is that an insurer which denies liability...
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