Hall v. Fireman's Fund Insurance

OPINION OF THE COURT

Thomas E. Mercure, J.

Defendant, Fireman’s Fund Insurance Company, seeks summary judgment pursuant to CPLR 3212 and an order dismissing the plaintiff’s complaint on the grounds that the policy issued by defendant was effectively canceled prior to a fire. Plaintiff is a pharmacist and the owner and operator of a pharmacy, which sustained a fire loss in excess of $63,000.

This action arises out of a fire loss to plaintiff’s place of business, which occurred on February 17, 1980. Prior to the fire loss, plaintiff’s insurance needs were serviced by an agency — “G.J. Potter…