Lovell's Ebb Tide Room, Inc. v. Ætna Casualty & Surety Co.

Plaintiff seeks judgment against defendants, Ætna Casualty and Surety Company (-Etna) and State Bank of Kenmore (now merged with Bank of Buffalo— herein called Buffalo) for $25,000, based upon a fire insurance loss occurring on December 11,1965.

*171The court finds:

During November, 1965, one Allan King, the manager and prospective purchaser of plaintiff’s restaurant, telephoned JEtna, requesting a change of the insured on the policy issued to plaintiff in its corporate name of Lovell’s Ebb Tide Room, Inc. (Lovell), number 15 FP 199561, for a term from December 7, 1962 to December 7, 1967, in the…