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Johnson v. New York Mut. Underwriters Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 1992
182 A.D.2d 1070 (N.Y. App. Div. 1992)

Opinion

April 24, 1992

Appeal from the Supreme Court, Niagara County, Notaro, J.

Present — Denman, P.J., Boomer, Boehm, Fallon and Davis, JJ.


Judgment unanimously affirmed with costs. Memorandum: Supreme Court correctly held that the executory land contract did not affect plaintiff's insurable interest or the amount recoverable under the fire insurance policy (see, Insurance Law § 3402). The insurable interest of the vendor in a land contract is the full value of the insured property (Rosenbloom v Maryland Ins. Co., 258 App. Div. 14; see also, First Fed. Sav. Loan Assn. v Nichols, 33 A.D.2d 259). That the land contract placed the risk of loss on the vendee does not eliminate such interest (see, Meade v North Country Co-Op. Ins. Co., 120 A.D.2d 834, 836-837). Defendant improperly relies on case law involving mortgagees' rights under fire insurance policies (e.g., Whitestone Sav. Loan Assn. v Allstate Ins. Co., 28 N.Y.2d 332; Heilbrunn v German Alliance Ins. Co., 150 App. Div. 670, appeal dismissed 206 N.Y. 683).


Summaries of

Johnson v. New York Mut. Underwriters Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 24, 1992
182 A.D.2d 1070 (N.Y. App. Div. 1992)
Case details for

Johnson v. New York Mut. Underwriters Ins. Co.

Case Details

Full title:ANDREW JOHNSON, Respondent, v. NEW YORK MUTUAL UNDERWRITERS INSURANCE…

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

Date published: Apr 24, 1992

Citations

182 A.D.2d 1070 (N.Y. App. Div. 1992)
582 N.Y.S.2d 871

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