Lobnosky v. New York Underwriters Insurance

Hirt, J.,

Opinion by

Plaintiff’s motion picture theater was destroyed by a fire of unestablished origin in the early morning of March 3, 1937. The building and contents were then insured against fire loss to the extent of actual cash values by the defendant companies in policies identical in form by which each of the defendants assumed liability to the extent of $1,333.33. But one case was tried, resulting in a verdict of $1,192.52 for plaintiff. By stipulation, the final judgment in that case will determine the ultimate liability of each of defendant insurers. Our inquiry, therefore, involves…