Manhattan Life Insurance v. Continental Insurance Companies

We are asked to decide whether transmittal of an executed deed to real property in the factual circumstances of this case constituted legal delivery effective to transfer title and thus to fix insurance liability for a destruction of the property by fire.

On an agreed statement of facts submitted pursuant to OPLR 3222, the trial court held that prior to the fire in this case there had been a deed delivery sufficient to pass title. The Appellate Division reversed and we now affirm the latter determination.

Continental issued a standard policy of fire insurance insuring the owner of residential…