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Mihalcho v. Massachusetts Fire & Marine Insurance

229 A.D. 813 Court N.Y. App. Div. English

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p. 813
John Mihalcho, Respondent, v. Massachusetts Fire and Marine Insurance Company, Appellant.

The question of increased hazard is a proper subject for expert evidence. (Cornish v. Farm Buildings Fire Ins. Co., 74 N. Y. 295 ; Leitch v. Atlantic Mutual Ins. Co., 66 id. 100; Carroll v. Home Insurance Co., 51 App. Div. 149 .) Evidence of an offer to compromise was not competent. Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbrouck, JJ., concur. Judgment and order reversed on the law and new trial granted, with costs to the appellant to abide the event.

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