Mihalcho v. Massachusetts Fire and Marine Ins. Co.

Full title: JOHN MIHALCHO, Respondent, v. MASSACHUSETTS FIRE AND MARINE INSURANCE…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: May 1, 1930

229 App. Div. 813 (N.Y. App. Div. 1930)

Opinion

May, 1930.

Appeal from Supreme Court, Broome County.

PER CURIAM.

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.