American Equitable Assurance Co. v. Mussoline

Opinion by

Flood, J.,

This is an appeal from a judgment for the plaintiff on the pleadings in an action to recover back the amount paid to the defendant under a policy insuring him against the theft of a mink coat. The policy contains a clause entitling the plaintiff company upon payment of the loss to be subrogated “to all the Assured’s rights of recovery against any person” and requires the insured “to do nothing after loss to prejudice such rights”.

The complaint avers that on January 11, 1960, the defendant took the coat to George Gordon, who was making a trip to New York the following day,…