Estate of Brindisi v. State Farm Insurance

OPINION OF THE COURT

Joseph D. Mintz, J.

Plaintiff and defendants Tretter each move for summary judgment in this action concerning the rights to certain insurance proceeds payable under a fire insurance policy issued by defendant State Farm. The undisputed facts are as follows:

*391Defendants Tretter were the owners of the subject property, subject to a purchase-money mortgage held by plaintiff. A policy of fire insurance was acquired from defendant State Farm, which named defendants Tretter as owners and plaintiff as lienholder. Defendants defaulted on the mortgage and plaintiff sought and received…