Legal Opinion
Badillo v. Tower Insurance
New York Court of Appeals
Decided February 23, 1999PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
In the case before us, the tenant-operator of a supermarket granted its landlbrds a security interest in connection with its lease of the premises. A fire consumed the supermarket, destroying the collateral. The insurance carrier paid the loss proceeds directly to the tenant, who was its policyholder and the only loss payee named in the policy.
The landlords have sued the carrier, claiming that the carrier should have given the loss proceeds to them (as security interest holders), rather than to the tenant. We must determine whether the carrier, by paying the…
2Cases cited7 opinions
- MTR. CHASE MANHATTAN v. StateNew York Court of Appeals · 1976
- First National Bank of Highland v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1978
- First Nat'l Bank of Highland v. Merch.'s Mut. Ins. Co.New York Court of Appeals · 1980
- Rosario-Paolo, Inc. v. C & M Pizza Restaurant, Inc.New York Court of Appeals · 1994
- Reisdorf Bros. v. Clinton Corn Processing Co.Appellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Nuclear Imaging Systems, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2000
- Bank of India v. Weg & Myers, P. C.Appellate Division of the Supreme Court of the State of New York · 1999
- Guiffrida v. Storico DevelopmentAppellate Division of the Supreme Court of the State of New York · 2009
- Manufacturers & Traders Trust Co. v. MyersAppellate Division of the Supreme Court of the State of New York · 2007
- CITIGROUP, INC. v. Industrial Risk InsurersDistrict Court, S.D. New York · 2004
7 more not listed; retrieve them via the Exa API.