Kaffalos, Inc. v. Excelsior Insurance

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered October 14,1983 in Broome County, upon a verdict rendered at Trial Term (Fischer, J. ).

At approximately 4:20 a.m. on January 5, 1981, a fire of suspicious origin destroyed a building owned by plaintiff and leased by William and David Dutcher. Personal property belonging to plaintiff was included in the lease. The building and its contents were insured against fire by two separate policies issued by defendant. Pursuant to the terms of the lease, the Dutchers had insured the contents and named plaintiff as the *958loss payee…