Otsego Mutual Fire Insurance v. Robed & Sons, Inc.

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered June 1, 1977 in Otsego County, upon a decision of the court at a Trial Term, without a jury. Defendant is the successor in interest to an insurance agency named E. C. Jones & Sons, Inc. (E. C. Jones) which had entered into an agency agreement with plaintiff, an insurance company. In January, 1974, E. C. Jones issued a $70,000 fire insurance *785policy on a one-family dwelling. When this policy came to the attention of plaintiff’s secretary, Patrick Burke, on January 31, 1974, he telephoned Ron Jones, vice-president of E.…