New York Life Insurance v. Glens Falls Insurance

This motion presents, for the first time, the question of the applicability of the 80% coinsurance clause, of a policy of fire insurance, to small losses. The issue arises on a motion made by the plaintiff to strike out the defendant’s partial defense, pleading that the amount of the loss sustained was reduced by virtue of the failure of plaintiff to carry insurance in the amount of 80% of the sound value of the property.

The clause under consideration reads as follows: “ New York Standard Average Clause. This company shall not be liable for a greater proportion of any loss or damage to the…