Richman v. Home Insurance Co. of New York

Opinion by

Dithrich, J.,

In this action in assumpsit based upon a water damage insurance policy, a jury returned a verdict in favor of defendant-insurer. This appeal is from the order of the court below overruling plaintiffs motions for judgment n.o.v. and a new trial.

The policy in question insured “against all DIRECT LOSS AND DAMAGE caused solely by the accidental discharge, leakage or overflow of WATER . . . from within the following source or sources: . . . [inter alia] RAIN or SNOW ADMITTED DIRECTLY to the INTERIOR of the BUILDING through DEFECTIVE ROOFS, LEADERS or SPOUTING, or by OPEN or…