Villano v. Gary Gable Professional Adjusters

— Order unanimously reversed on the law without costs, defendants’ motions granted and complaint dismissed. Memorandum: Plaintiffs were the owners of a 1982 Kenworth tractor and a 1982 Great Dane trailer which they had financed through defendant Associates Commercial Corporation (ACC). The tractor trailer was insured by defendant Emmco Insurance Company and ACC was listed as an additional loss payee on the insurance policy between Emmco and plaintiffs. The financing agreement between ACC and plaintiffs provided that plaintiffs assign their rights to any insurance proceeds "up to the amount…