Batris W. Perovich v. Glens Falls Insurance Company, a New York Corporation

In 1961, Glens Falls Insurance Company paid Batris W. Perovich $10,268.35 to compensate him for the theft of equipment insured by Glens Falls.' Glens Falls later discoverd that Perovich had made numerous material misrepresentations of the value of the stolen goods. Under the terms of the insurance contract, these misrepresentations voided the contract, and Glens Falls sued for a refund. Perovich appeals from the judgment entered on the jury’s verdict for Glens Falls.

Perovich first contends that there was insufficient evidence that he misrepresented value. There is no merit in this contention. The evidence shows that one man who worked four hours and used materials which cost less than $200.00 made equipment which Perovich valued at $1,100.00. Perovich’s original estimate for the entire loss was $3,500.00. Even though Perovich subsequently told a deputy sheriff that much of the equipment had been recovered, his final claim exceeded $10,000.00.

Perovich next contends that he is entitled to a new trial to prove that he did not misrepresent value. Perovich asserts that he failed to produce evidence to justify his claim because he was misled by the Court’s remark that the issue of…