Bleiweis v. Reliance Insurance

Leo Brown, J. ■

At issue here is whether the assignment of a mortgage subsequent to the destruction of the mortgaged property by fire transfers to the assignee the right to recover the proceeds of a fire insurance policy naming the mortgagee assignor as a loss payee. Plaintiff, the assignee of the mortgage, now moves for summary judgment against the defendant insurer. The latter cross-moves for .dismissal of the complaint on the basis of legal insufficiency and a defense founded on documentary evidence.

The following is demonstrated by the affidavits and documents submitted by the plaintiff. On…