Legal Opinion

Sigola Manufacturing, Inc. v. Dairyland Insurance

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1986PublishedCited by 5 opinions

1Opinion of the Court

In this action, the plaintiff seeks to recover under a policy of fire insurance issued to it by the defendant for a loss incurred as a result of a fire in a building it occupies as a tenant. The defendant sought leave to amend its answer to assert a counterclaim to recover certain moneys already paid on the ground that since the plaintiff is not the owner of the building, it has no insurable interest therein.

An insurable interest in property includes "any lawful and substantial economic interest in the safety or preservation of property from loss, destruction or pecuniary damage” (Insurance…

2Cases cited1 opinion

  1. Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983

3Cited by5 opinions

  1. Rosalie Estates, Inc. v. Colonia InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
  2. Mets Donuts, Inc. v. Dairyland Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Italian Designer Import Outlet, Inc. v. New York Central Mutual Fire InsuranceNew York Supreme Court · 2009
  4. Sam Ash Music Corp. v. Liberty Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
  5. Ko Bar & Grill, LLC v. Midstate Mut. Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2025

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