Prestigiacamo v. American Equitable Assurance Co.

Plaintiff sued defendant, a foreign insurance corporation, for the full face amount of a $2500 fire insurance contract on the theory that the policy contained a latent ambiguity. The property insured was described as two buildings, each insured for $1250, whereas, plaintiff contends, the property is really but one building, which fact the agent knew, and that he agreed to so insure it. The case was tried to the court, without a jury, and judgment was for plaintiff for $2500, and for penalty and attorneys' fees of $500. Defendant appeals.

The property fronts 100 feet on the south side of East…