B. & B. Trucking, Inc. v. Home Fire & Marine Insurance

Headnote

Pleading — insurance — action to recover on policy of automobile fire insurance — sufficiency of defense of cancellation.

B. & B. Trucking, Inc., v. Home F. & M. Ins. Co., 207 App. Div. 846 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart-

merit, entered November 16, 1923, which unanimously affirmed an order of Special Term denying a motion to strike out a separate defense set up in the answer. The action was to recover upon a policy of automobile fire insurance. The answer set up as a separate defense that prior to the loss the policy had been canceled pursuant to its terms.

The following question was certified: “ Is the first separate and distinct defense contained in paragraphs fifth to eighth inclusive of the answer herein sufficient in law on the face thereof.”