Sincoff v. Liberty Mutual Fire Insurance

Valente, J. (dissenting).

I dissent. The issue in this case is whether damages to plaintiffs’ broadloom carpeting, tapestry and furniture, caused by carpet beetles, came within the exclusionary provisions of an insurance policy which exclude from coverage damage to personal property caused by “ deterioration, moth, vermin and inherent vice ”. The burden of proving that the insurer was not liable was on defendant who was urging that the loss fell within the terms of the exclusion clause. I agree with the holding by the Justice at nisi prius that the word “vermin”, in the policy sub judice, does…