255 A.D. 893 | N.Y. App. Div. | 1938
The action is brought to recover on a policy of fire insurance. On July 13, 1936, defendant issued its policy for one year covering a house and bam. Thereafter the insured transferred the property to the plaintiff Albertson. A rider was attached to the policy showing such change. When the policy was issued there was attached thereto a standard mortgagee clause providing that loss or damage thereunder should be payable to the Tompkins County Trust Company as mortgagee. On May 5, 1937, the buildings insured were completely destroyed by fire. It is admitted that the amount of insurance is not excessive and that there was no fraud or criminality in connection with the fire. Proper proofs of loss were duly filed with defendant and payment demanded. After non-payment by defendant this action was brought. Defendant seeks to avoid liability under two provisions of the contract of insurance. One of these provisions is to the effect that the handling of gasoline by opening, filling or emptying any container shall be done only by daylight or electric light and that there shall be no other light in the same