Mutual Benefit Insurance v. Goschenhoppen Mutual Insurance

BECK, Judge.

The issue is whether the seller’s property insurer may recover a pro rata contribution from the buyer’s property insurer where the insured real estate was damaged by fire after the signing of the agreement of sale but prior to settlement and where the agreement places the risk of loss *366on the seller. We find that the seller’s insurer is entitled to recover and affirm.

Buyer’s insurer, Goschenhoppen Mutual Insurance Company, (“Goschenhoppen”), appeals from a grant of summary judgment in favor of seller’s insurer, appellee Mutual Benefit Insurance Company (“Mutual Benefit”). The facts…