Roosevelt Savings Bank of City of New York v. State Farm Fire & Casualty Co.

OPINION

FROEB, Judge.

In this case a major fire loss occurred to a vacant single-family residence after mortgage foreclosure proceedings had been concluded. In an action for declaratory judgment, the Roosevelt Savings Bank of the City of New York (referred to here as “the bank”) sought to establish its right to recover fire insurance proceeds under a policy issued by State Farm Fire & Casualty Co. (referred to here as “State Farm”). The trial court decided the issues adversely to the bank on cross motions for summary judgment. This appeal followed.

There is no dispute about the facts. Phillip J.…