Legal Opinion
Johnson v. New York Mutual Underwriters Insurance
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1992PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: Supreme Court correctly held that the executory land contract did not affect plaintiff’s insurable interest or the amount recoverable under the fire insurance policy (see, Insurance Law § 3402). The insurable interest of the vendor in a land contract is the full value of the insured property (Rosenbloom v Maryland Ins. Co., 258 App Div 14; see also, First Fed. Sav. & Loan Assn, v Nichols, 33 AD2d 259). That the land contract placed the risk of loss on the vendee does not eliminate such interest (see, Meade v North Country Co-Op. Ins. Co.,…
2Cases cited5 opinions
- Whitestone Savings & Loan Ass'n v. Allstate InsuranceNew York Court of Appeals · 1971
- Rosenbloom v. Maryland InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
- Heilbrunn v. German Alliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
- Meade v. North Country Cooperative InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
- First Federal Savings & Loan Ass'n v. NicholsAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by6 opinions
- Harrington v. Amiga Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1996
- Saila v. StateAppellate Division of the Supreme Court of the State of New York · 1993
- Kempf v. ST. PAUL REINSURANCE CO. LIMITEDIndiana Court of Appeals · 2007
- FFT Senior Communities, Inc. v. Town of CanandaiguaAppellate Division of the Supreme Court of the State of New York · 2012
- FFT Senior Communities, Inc. v. Town of CanandaiguaAppellate Division of the Supreme Court of the State of New York · 2012
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