Citation Numbers: 34 N.Y.2d 941
Judges: Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin Concur in Memorandum Judge Stevens Taking No Part
Filed Date: 7/11/1974
Status: Precedential
Modified Date: 8/31/2023
Court of Appeals of the State of New York.
Douglas A. Boeckmann for appellant.
Milton B. Pfeffer for respondent.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN concur in memorandum; Judge STEVENS taking no part.
*942MEMORANDUM.
In agreeing with the majority at the Appellate Division, we would merely add that defendant's insurable interest under the fire insurance policies here in question was limited to its property interest in the building under construction i.e., the tools, labor and material furnished or owned by the defendant. Since no part of the damages alleged by the *943 plaintiff in this litigation was for destruction of any property owned or furnished by the defendant, it cannot be said that the defendant was a coinsured under the terms of the policy with respect to the loss caused by the fire.
Judgment affirmed, with costs.
Frank Briscoe Company, Inc. v. Georgia Sprinkler Company, ... , 713 F.2d 1500 ( 1983 )
Dyson & Co. v. FLOOD ENG., ARCH., PLAN. , 523 So. 2d 756 ( 1988 )
South Tippecanoe School Building Corp. v. Shambaugh & Son, ... , 182 Ind. App. 350 ( 1979 )
Sherwood Medical Co. v. B.P.S. Guard Services, Inc. , 882 S.W.2d 160 ( 1994 )
Turner Const. Co. v. John B. Kelly Co. , 442 F. Supp. 551 ( 1976 )
BD. OF ED. OF JORDAN SCH. DIST. v. Hales , 566 P.2d 1246 ( 1977 )