CARLIN v. CRUM & FORSTER INS. CO.


191 A.D.2d 373 (1993)

595 N.Y.S.2d 420

Barbara Carlin et al., Appellants, v. Crum & Forster Insurance Company et al., Respondents

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

March 25, 1993


The action was properly dismissed because plaintiffs' sworn proof of loss statement contained the material misrepresentations that they owned the insured property at the time of the loss, that no other person had any interest in or encumbrances on the property, and that there had been no change of interest in the property since issuance of the policy of insurance. Documentary evidence conclusively establishes that when plaintiffs presented the proof of loss statement, they...

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