Agostino v. Holyoke Mutual Insurance

In an action to recover proceeds allegedly due under a policy of fire insurance, plaintiff appeals from a judgment of the Supreme Court, Queens County (Hyman, J.), entered July 1, 1981, which is in favor of defendant upon the trial court’s dismissal of the complaint at the close of the plaintiff’s case at a jury trial. Judgment affirmed, with costs. In a case such as this, which involves a partial fire loss, it is well established that the liability of the insurer will be “the difference between the actual cash value of the property * * * just preceding the fire and the market value…