Rovner v. Firemen's Insurance

Defendant moves for summary judgment pursuant to rule 113 of the Buies of Civil Practice and the dismissal of the complaint.

Plaintiff in this action seeks to recover from the defendant insurer, under a policy of insurance, alleged damages for the destruction of his personal property. It appears that “ the fire did not occur in plaintiff’s premises. He merely sustained water damage because of a fire in the premises of one of the other tenants in the building ” (opposing affidavit, p. 8).

The undisputed facts are as follows: Defendant issued a five-year policy of insurance commencing with…