Kaplan v. Girard Fire & Marine Insurance

These appeals present the same questions of law. We are of the opinion that the affidavits in opposition to the motion of the plaintiffs in each case for summary judgment presented issues requiring the determination thereof at a trial. The defendant in each case has presented affidavits to the effect that the adjustment of the fire loss, the giving of the draft by the defendant in the action brought by the plaintiffs against Girard Fire and Marine Insurance Company, and the alleged agreement of the defendant Lincoln Fire Insurance Company of New York to pay its proportionate share of the loss…