Insurance of North America v. New York Casualty Insurance

Order unanimously reversed on the law without costs, defendant’s motion denied and plaintiffs motion granted. Memorandum: On March 13, 1982, a fire caused extensive damage to a Super Duper supermarket and two adjacent stores in Water-town, New York. The fire was set by a teen-ager, Scott Sargent. Sav-Mor Markets, Inc., the owner of the Super Duper supermarkets, was insured under a policy issued to it by plaintiff. Scott Sargent was insured under a homeowner’s policy issued to his parents by defendant; that policy provided maximum coverage in the amount of $100,000.

Plaintiff paid its insured…