KAMENOV v. NORTHERN ASSURANCE COMPANY OF AMERICA


259 A.D.2d 958 (1999)

687 N.Y.S.2d 838

LILLIAN KAMENOV, Respondent, v. NORTHERN ASSURANCE COMPANY OF AMERICA, Appellant. (Appeal No. 1.)

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

Decided March 19, 1999.


Judgment unanimously reversed on the law without costs and new trial granted.

Memorandum:

Plaintiff commenced this action after defendant rejected a fire loss claim submitted by her under her homeowner's insurance policy. In its answer, defendant asserted as affirmative defenses that the fire was caused by arson procured by Kamen Kamenov (Kamenov), plaintiff's husband and agent, and that plaintiff was not entitled to coverage because of intentional misrepresentation...

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